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(Case T-629/14)(1)
((Community trade mark - Application for a three-dimensional Community trade mark - Shape of a car - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2016/C 016/44)
Language of the case: English
Applicant: Jaguar Land Rover Ltd (Coventry, United Kingdom) (represented by: F. Delord and R. Grewal, Solicitors)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. Harrington, acting as Agent)
Action brought against the decision of the Second Board of Appeal of OHIM of 24 April 2014 (Case R 1622/2013-2) concerning an application for registration of a three-dimensional sign consisting of the shape of a car as a Community trade mark.
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 April 2014 (Case R 1622/2013-2) in so far as it refused registration of the mark applied for as regards ‘vehicles for locomotion by air and water’ in Class 12;
2.Dismisses the action as to the remainder;
3.Orders Jaguar Land Rover Ltd to bear its own costs and to pay nine-tenths of those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);
4.Orders OHIM to bear one-tenth of its own costs.
(1) OJ C 361, 13.10.2014.