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Case T-331/12: Judgment of the General Court of 26 February 2014 — Sartorius Lab Instruments v OHIM (Representation of a yellow curve) (Community trade mark — Application for a Community trade mark consisting of a representation of a yellow curve at the bottom edge of an electronic display unit — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62012TA0331
62012TA0331
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Official Journal of the European Union
C 102/35
(Case T-331/12)(1)
((Community trade mark - Application for a Community trade mark consisting of a representation of a yellow curve at the bottom edge of an electronic display unit - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation No 207/2009))
2014/C 102/55
Language of the case: German
Parties
Applicant: Sartorius Lab Instruments GmbH & CO. KG (Göttingen, Germany), given leave to replace Sartorius Weighing Technology GmbH (represented by: K. Welkerling, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, lawyer)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 3 May 2012 (Case R 1783/2011-1), concerning an application for registration of a sign composed of a yellow curve at the bottom edge of an electronic display unit as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the application;
2.Orders Sartorius Lab Instruments GmbH & Co. KG to pay the costs.
OJ C 287, of 22.9.2012.