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Case T-579/14: Judgment of the General Court of 9 November 2016 — Birkenstock Sales v EUIPO (representing a pattern of wavy, crisscrossing lines) (EU trade mark — International registration designating the European Union — Figurative mark representing a pattern of wavy, crisscrossing lines — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Surface pattern — Application of a pattern on the packaging of a product)
ECLI:EU:UNKNOWN:62014TA0579
62014TA0579
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Official Journal of the European Union
C 6/33
(Case T-579/14) (<span class="super note-tag">1</span>)
((EU trade mark - International registration designating the European Union - Figurative mark representing a pattern of wavy, crisscrossing lines - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Surface pattern - Application of a pattern on the packaging of a product))
(2017/C 006/39)
Language of the case: German
Parties
Applicant: Birkenstock Sales GmbH (Vettelschoß, Germany) (represented by: C. Menebröcker and V. Töbelmann, lawyers)
Defendant: European Union Intellectual Property Office (represented by: initially G. Schneider and D. Walicka, and subsequently D. Walicka, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 15 May 2014 (Case R 1952/2013-1), concerning the international registration designating the European Union of the figurative mark representing a pattern of wavy, crisscrossing lines.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 May 2014 (Case R 1952/2013-1) in so far as it concerns the following goods: ‘artificial limbs, eyes and teeth’, ‘suture materials; suture materials for operations’ and ‘animal skins, hides’;
2.Dismisses the action as to the remainder;
3.Orders Birkenstock Sales GmbH to bear its own costs and to pay half of those incurred by EUIPO, and EUIPO to bear half of its own costs.
(<span class="note">1</span>) OJ C 351, 6.10.2014.