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Case T-270/06: Judgment of the Court of First Instance of 12 November 2008 — Lego Juris v OHIM — Mega Brands (Red Lego brick) (Community trade mark — Application for a three-dimensional Community trade mark — Red Lego brick — Absolute ground for refusal — Sign which consists 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 — Offers of evidence)
ECLI:EU:UNKNOWN:62006TA0270
62006TA0270
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10.1.2009
Official Journal of the European Union
C 6/22
(Case T-270/06)(<a id="ntc1-C_2009006EN.01002202-E0001" href="#ntr1-C_2009006EN.01002202-E0001"> (<span class="super">1</span>)</a>
(Community trade mark - Application for a three-dimensional Community trade mark - Red Lego brick - Absolute ground for refusal - Sign which consists 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 - Offers of evidence)
(2009/C 6/45)
Language of the case: English
Parties
Applicant: Lego Juris A/S (Billund, Denmark) (represented by: V. von Bomhard, A. Renck and T. Dolde, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Mega Brands, Inc. (Montreal, Canada) (represented by: P. Cappuyns and C. De Meyer, lawyers)
Re:
Action brought against the decision of the Grand Board of Appeal of OHIM of 10 July 2006 (Case R 856/2004-G) relating to invalidity proceedings between Mega Brands, Inc. and Lego Juris A/S.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Lego Juris A/S to pay the costs.
(<a id="ntr1-C_2009006EN.01002202-E0001" href="#ntc1-C_2009006EN.01002202-E0001">(<span class="super">1</span>)</a> OJ C 294, 2.12.2006).