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Case T-164/11: Judgment of the General Court of 19 September 2012 — Reddig v OHIM — Morleys (Knife handle) (Community trade mark — Proceedings for invalidity — Three-dimensional Community trade mark — Knife handle — Absolute ground for refusal — Sign constituted exclusively by the shape of the product necessary for obtaining a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 — Declaration of invalidity by the Board of Appeal)
ECLI:EU:UNKNOWN:62011TA0164
62011TA0164
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27.10.2012
Official Journal of the European Union
C 331/21
(Case T-164/11) (*)
(Community trade mark - Proceedings for invalidity - Three-dimensional Community trade mark - Knife handle - Absolute ground for refusal - Sign constituted exclusively by the shape of the product necessary for obtaining a technical result - Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 - Declaration of invalidity by the Board of Appeal)
(2012/C 331/38)
Language of the case: English
Parties
Applicant: Reddig GmbH (Drebber, Germany) (represented by: C. Thomas, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Morleys Ltd (Preston, United Kingdom) (represented by: A. Stein and M. Terbach, lawyers, and E. Gunaratnam, Solicitor)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 15 December 2010 (Case R 1072/2009-2), concerning invalidity proceedings between Morleys Ltd and Reddig GmbH.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Reddig GmbH to pay the costs.
(*)
Language of the case: English
ECLI:EU:C:2012:140
* * *
Language of the case: English.