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Case T-133/24: Judgment of the General Court of 21 May 2025 – KnitPro International v EUIPO – 135 Kirkstall (Representation of chevrons between two parallel lines) (EU trade mark – Invalidity proceedings – EU figurative mark representing chevrons between two parallel lines – Absolute ground for invalidity – No distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Examination of the grounds for invalidity by the Grand Board of Appeal)

ECLI:EU:UNKNOWN:62024TA0133

62024TA0133

May 21, 2025
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Official Journal of the European Union

C series

C/2025/3524

(Case T-133/24)

(EU trade mark - Invalidity proceedings - EU figurative mark representing chevrons between two parallel lines - Absolute ground for invalidity - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - Examination of the grounds for invalidity by the Grand Board of Appeal)

(C/2025/3524)

Language of the case: English

Parties

Applicant: KnitPro International (Jaipur, India) (represented by: S. Malynicz, Barrister, and D. Stone, Solicitor)

Defendant: European Union Intellectual Property Office (represented by: D. Stoyanova-Valchanova and M. Eberl, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: 135 Kirkstall, Inc. (Vancouver, Washington, United States) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)

Re:

By its action under Article 263 TFEU, the applicant seeks, in essence, the partial annulment and alteration of the decision of the Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 December 2023 (Case R 2672/2017-G (RENV)).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders KnitPro International to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and 135 Kirkstall, Inc. for the purposes of the proceedings before the General Court.

(1) OJ C, C/2024/2785, 29.4.2024.

ELI: http://data.europa.eu/eli/C/2025/3524/oj

ISSN 1977-091X (electronic edition)

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