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Joined Cases T-218/22 and 219/22: Judgment of the General Court of 7 June 2023 — Roxtec and Wallmax v EUIPO — Wallmax and Roxtec (Representation of a blue square containing eight concentric black circles) (EU trade mark — Invalidity proceedings — EU figurative trade mark representing a blue square containing eight concentric black circles — absolute ground of invalidity — Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 40/94 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62022TA0218
62022TA0218
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Valentina R., lawyer
24.7.2023
Official Journal of the European Union
C 261/32
(Joined Cases T-218/22 and 219/22) (*)
(EU trade mark - Invalidity proceedings - EU figurative trade mark representing a blue square containing eight concentric black circles - absolute ground of invalidity - Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result - Article 7(1)(e)(ii) of Regulation (EC) No 40/94 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001))
(2023/C 261/45)
Language of the case: English
Parties
Applicant in Case T-218/22: Roxtec AB (Karlskrona, Sweden) (represented by: J. Olsson and J. Adamsson, lawyers)
Applicant in Case T-219/22: Wallmax Srl (Milan, Italy) (represented by: F. Ferrari, L. Goglia and G. Rapaccini, lawyers)
Defendant: European Union Intellectual Property Office (represented by: E. Markakis, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court in Case T-218/22: Wallmax (Milan) (represented by: F. Ferrari, L. Goglia and C. Rapaccini, lawyers)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court in Case T-219/22: Roxtec (Karlskrona) (represented by: J. Olsson and J. Adamsson, lawyers)
Re:
By their actions based on Article 263 TFEU, the applicant in Case T-218/22 and the applicant in Case T-219/22 seek annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 10 February 2022 (Case R 1093/2021-2).
Operative part of the judgment
The Court:
1.Dismisses the actions;
2.Orders Roxtec AB, the European Union Intellectual Property Office (EUIPO) and Wallmax Srl to bear their own costs in Case T-218/22;
3.Orders Wallmax to pay the costs in Case T-219/22.
(*)
Language of the case: English.
ECLI:EU:C:2023:140
* * *
(*) Language of the case: English.