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Case T-654/13: Judgment of the General Court of 16 June 2015 — Gako Konietzko v OHIM (Shape of a cylindrical container in red and white) (Community trade mark — Application for three-dimensional Community trade mark — Shape of a cylindrical container in red and white — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62013TA0654
62013TA0654
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10.8.2015
Official Journal of the European Union
C 262/22
(Case T-654/13) (<span class="super">1</span>)
((Community trade mark - Application for three-dimensional Community trade mark - Shape of a cylindrical container in red and white - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2015/C 262/28)
Language of the case: German
Parties
Applicant: Gako Konietzko GmbH (Bamberg, Germany) (represented by: S. Reinhardt, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Fischer, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 19 September 2013 (Case R 2232/2012-1), concerning an application for registration of a three-dimensional sign consisting of the shape of a cylindrical container in red and white as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Gako Konietzko GmbH to pay the costs.
(<span class="super">1</span>) OJ C 39, 8.2.2014.