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Case T-283/07: Order of the Court of First Instance of 28 April 2009 — Tailor v OHIM (Representation of a right pocket) (Community trade mark — Application for Community figurative mark representing a right pocket — Absolute ground for refusal — Absence of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 — Action manifestly devoid of any legal basis)
ECLI:EU:UNKNOWN:62007TB0283
62007TB0283
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Official Journal of the European Union
C 153/39
(Case T-283/07)
(Community trade mark - Application for Community figurative mark representing a right pocket - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Action manifestly devoid of any legal basis)
2009/C 153/76
Language of the case: German
Parties
Applicant: Tom Tailor GmbH (Hamburg, Germany) (represented by: S.O. Gillert, K. Vanden Bossche and F. Schiwek, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 15 May 2007 (Case R 668/2006-1), concerning registration as a Community trade mark of a figurative sign representing a right pocket.
Operative part of the judgment
The Court:
1.Dismisses the action as manifestly devoid of any legal basis;
2.Orders Tom Tailor GmbH to pay the costs.
(<span class="super">1</span>) OJ C 235, 6.10.2007.