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Case T-573/18: Judgment of the General Court of 5 February 2020 — Hickies v EUIPO (Shape of a shoe lace) (EU trade mark — Application for a three-dimensional EU trade mark — Shape of a shoe lace — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Protection of a right relating to an earlier design — Evidence submitted for the first time before the Court)
ECLI:EU:UNKNOWN:62018TA0573
62018TA0573
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23.3.2020
Official Journal of the European Union
C 95/25
(Case T-573/18) (*)
(EU trade mark - Application for a three-dimensional EU trade mark - Shape of a shoe lace - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Protection of a right relating to an earlier design - Evidence submitted for the first time before the Court)
(2020/C 95/31)
Language of the case: English
Parties
Applicant: Hickies, Inc. (New York, New York, United States) (represented by: I. Fowler, Solicitor, and S. Petivlasova, lawyer)
Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 28 June 2018 (Case R 2693/2017-5), relating to an application for registration of a three-dimensional sign consisting of the shape of a shoe lace as an EU trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Hickies, Inc. to pay the costs.
(*)
Language of the case: English.
ECLI:EU:C:2020:140