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Case T-261/18: Judgment of the General Court of 24 September 2019 — Roxtec v EUIPO — Wallmax (Representation of a black square containing seven concentric blue circles) (EU trade mark — Invalidity proceedings — EU figurative trade mark depicting a black square containing seven concentric blue circles — 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 (EU) 2017/1001)
ECLI:EU:UNKNOWN:62018TA0261
62018TA0261
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16.12.2019
Official Journal of the European Union
C 423/35
(Case T-261/18) (*)
(EU trade mark - Invalidity proceedings - EU figurative trade mark depicting a black square containing seven concentric blue circles - 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 (EU) 2017/1001)
(2019/C 423/43)
Language of the case: English
Parties
Applicant: Roxtec AB (Karlskrona, Sweden) (represented by: J. Olsson and J. Adamsson, lawyers)
Defendant: European Union Intellectual Property Office (represented by: V. Ruzek and H. O’Neill, Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Wallmax Srl (Milan, Italy) (represented by: F. Ferrari and L. Goglia, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 8 January 2018 (Case R 940/2017-2), relating to invalidity proceedings between Wallmax and Roxtec.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Roxtec AB to pay its own costs along with those incurred by the European Union Intellectual Property Office (EUIPO);
3.Orders Wallmax Srl to pay its own costs.
(*)
Language of the case: English
(1) OJ C 231, 2.7.2018.
* * *