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Case T-192/23: Judgment of the General Court of 26 June 2024 – Peikko Group v EUIPO – Anstar (Shape of metal beams for construction) (EU trade mark – Invalidity proceedings – Three-dimensional EU trade mark – Shape of metal beams for construction – Absolute ground for invalidity – Sign consisting exclusively of the shape of the product necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation (EU) 2017/1001 – Lack of essential non-functional characteristics)
ECLI:EU:UNKNOWN:62023TA0192
62023TA0192
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Official Journal of the European Union
C series
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C/2024/4724
5.8.2024
(Case T-192/23)
(EU trade mark - Invalidity proceedings - Three-dimensional EU trade mark - Shape of metal beams for construction - Absolute ground for invalidity - Sign consisting exclusively of the shape of the product necessary to obtain a technical result - Article 7(1)(e)(ii) of Regulation (EU) 2017/1001 - Lack of essential non-functional characteristics)
(C/2024/4724)
Language of the case: English
Parties
Applicant: Peikko Group Oy (Lahti, Finland) (represented by: M. Müller and A. Fottner, lawyers)
Defendant: European Union Intellectual Property Office (represented by: C. Bovar and E. Nicolás Gómez, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Anstar Oy (Villähde, Finland) (represented by: J. Kajaste and S. Kurki, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 7 February 2023 (Case R 2180/2021-5).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Peikko Group Oy to pay its own costs as well as those incurred by Anstar Oy for the purposes of the proceedings before the General Court;
3.Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.
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Language of the case: English.
ECLI: http://data.europa.eu/eli/C/2024/4724/oj
ISSN 1977-091X (electronic edition)
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ELI: http://data.europa.eu/eli/C/2024/4724/oj
ISSN 1977-091X (electronic edition)
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