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Judgment of the General Court (Seventh Chamber) of 2 February 2012. # skytron energy GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark arraybox - Absolute ground for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009. # Case T-321/09.
ECLI:EU:T:2012:49
62009TJ0321
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Community trade mark — Application for Community word mark arraybox — Absolute ground for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 20‑22, 36)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 4 June 2009 (Case R 1680/2008‑1) concerning an application for registration of the word sign arraybox as a Community trade mark.
Operative part
The Court:
1.Dismisses the action;
2.Orders skytron energy GmbH & Co. KG to pay the costs.