IP analysis: The General Court has upheld an appeal by Pirelli against a partial declaration of invalidity for an EU trade mark intended for use on its tyres. The General Court held that the EUIPO had incorrectly concluded that the sign consisted of the shape of goods under Article 7(1)(e)(ii) of Regulation (EC) 40/94 because the sign looked like a groove in a tyre tread. The General Court found that the EUIPO had added elements to the sign which did not exist in order to come to its conclusion.
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