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Case T-447/16: Judgment of the General Court of 24 October 2018 — Pirelli Tyre v EUIPO — Yokohama Rubber (Representation of an L-shaped groove) (EU trade mark – Invalidity proceedings – EU figurative mark representing an L-shaped groove – Absolute ground for refusal – Sign consisting 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 – Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001) – Regulation (EU) 2015/2424 – Application of the law ratione temporis – Shape of the goods – Nature of the sign – Account taken of material relevant to identifying the essential characteristics of the sign – General interest underlying Article 7(1)(e)(ii) of Regulation No 40/94)
ECLI:EU:UNKNOWN:62016TA0447
62016TA0447
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Official Journal of the European Union
C 4/23
(Case T-447/16) (*)
(EU trade mark - Invalidity proceedings - EU figurative mark representing an L-shaped groove - Absolute ground for refusal - Sign consisting 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 - Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001) - Regulation (EU) 2015/2424 - Application of the law ratione temporis - Shape of the goods - Nature of the sign - Account taken of material relevant to identifying the essential characteristics of the sign - General interest underlying Article 7(1)(e)(ii) of Regulation No 40/94)
(2019/C 4/31)
Language of the case: English
Parties
Applicant: Pirelli Tyre SpA (Milan, Italy) (represented by: T.M. Müller and F. Togo, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent)
The other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: The Yokohama Rubber Co. Ltd (Tokyo, Japan) (represented by: F. Boscariol de Roberto, D. Martucci and I. Gatto, lawyers)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 28 April 2016 (Case R 2583/2014-5), relating to invalidity proceedings between Yokohama Rubber and Pirelli Tyre.
Operative part of the judgment
The Court:
1.Annuls paragraphs 2 and 3 of the operative part of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 April 2016 (Case R 2583/2014 5);
2.Orders EUIPO to bear its own costs and to pay the costs incurred by Pirelli Tyre SpA;
3.Orders Yokohama Rubber Co. Ltd to bear its own costs.
(*) Language of the case: English.
(1) OJ C 350, 26.9.2016.