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Case T-307/17: Judgment of the General Court of 19 June 2019 — adidas v EUIPO — Shoe Branding Europe (Representation of three parallel stripes) (EU trade mark — Invalidity proceedings — EU figurative mark representing three parallel stripes — Absolute grounds for invalidity — No distinctive character acquired through use — Article 7(3) and Article 52(2) of Regulation (EC) No 207/2009 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) — Form of use unable to be taken into account — Form that differs from the form under which the mark has been registered by significant variations — Inversion of the colour scheme)
ECLI:EU:UNKNOWN:62017TA0307
62017TA0307
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26.8.2019
Official Journal of the European Union
C 288/46
(Case T-307/17) (<span class="super note-tag">1</span>)
(EU trade mark - Invalidity proceedings - EU figurative mark representing three parallel stripes - Absolute grounds for invalidity - No distinctive character acquired through use - Article 7(3) and Article 52(2) of Regulation (EC) No 207/2009 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) - Form of use unable to be taken into account - Form that differs from the form under which the mark has been registered by significant variations - Inversion of the colour scheme)
(2019/C 288/58)
Language of the case: English
Parties
Applicant: adidas AG (Herzogenaurach, Germany) (represented by: I. Fowler and I. Junkar, Solicitors)
Defendant: European Union Intellectual Property Office (represented by: M. Rajh and H. O’Neill, Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Shoe Branding Europe BVBA (Oudenaarde; Belgium) (represented by: J. Løje, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 7 March 2017 (Case R 1515/2016-2), relating to invalidity proceedings between Shoe Branding Europe and Adidas.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders adidas AG to pay, in addition to its own costs, the costs incurred by the European Union Intellectual Property Office (EUIPO) and by Shoe Branding Europe BVBA;
3.Orders Marques to bear its own costs.
(<span class="note"> <a id="ntr1-C_2019288EN.01004601-E0001" href="#ntc1-C_2019288EN.01004601-E0001">*1</a> </span>) OJ C 231, 17.7.2017.