20.6.2016
EN
Official Journal of the European Union
C 222/21
Order of the General Court of 20 April 2016 — Dima v EUIPO (Shape of a box consisting of two open cubes)
(Case T-326/15) (1)
((EU trade mark - Application for a three-dimensional EU trade mark - Form of a box consisting of two open cubes - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Action manifestly lacking any foundation in law))
(2016/C 222/25)
Language of the case: German
Parties
Applicant: Dima Verwaltungs GmbH (Hamburg, Germany) (represented by: T. Kerkhoff, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO) (represented by: initially A. Graul and A. Schikfo, then A. Graul and M. Fischer acting as Agents)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 20 April 2015 (Case R 2567/2014-5) concerning an application for registration of a three-dimensional sign consisting of the shape of a box composed of two open cubes as an EU trade mark.
Operative part of the order
1.
The action is dismissed.
2.
Dima Verwaltungs GmbH is ordered to pay the costs.
(1) OJ C 328, 5.10.2015.
Full & Egal Universal Law Academy