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Case T-44/16: Judgment of the General Court of 31 January 2018 — Novartis AG v EUIPO — SK Chemicals (Figurative EU trade mark representing a transdermal patch) (EU trade mark — Invalidity proceedings — Figurative EU trade mark representing a transdermal patch — Absolute ground for refusal — Sign consisting exclusively of the shape of the product necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62016TA0044
62016TA0044
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12.3.2018
Official Journal of the European Union
C 94/17
(Case T-44/16)(1)
((EU trade mark - Invalidity proceedings - Figurative EU trade mark representing a transdermal patch - Absolute ground for refusal - Sign consisting exclusively of the shape of the product necessary to obtain a technical result - Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001)))
(2018/C 094/21)
Language of the case: English
Parties
Applicant: Novartis AG (Basle, Switzerland) (represented: initially by M.R. Douglas, and subsequently by A. Nordemann-Schiffel, lawyers)
Defendant: European Union Intellectual Property Office (represented by: H. Kunz, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: SK Chemicals GmbH (Eschborn, Germany) (represented by: R. Dissmann, J. Bogatz, and C. Lindenthal, lawyers)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 27 November 2015 (Case R 2342/2014-5), relating to invalidity proceedings between SK Chemicals and Novartis.
Operative part of the order
1.Dismisses the action;
2.Orders Novartis AG to pay the costs.
OJ C 111, 29.3.2016.