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Case T-629/14: Judgment of the General Court of 25 November 2015 — Jaguar Land Rover v OHIM (Shape of a car) (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)

ECLI:EU:UNKNOWN:62014TA0629

62014TA0629

November 25, 2015
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18.1.2016

Official Journal of the European Union

C 16/36

(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

Parties

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)

Re:

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.

Operative part of the judgment

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.

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