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Judgment of the General Court (First Chamber) of 10 March 2010. # Baid SARL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark LE GOMMAGE DES FACADES - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation No 207/2009) - Duty to state reasons - First sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009). # Case T-31/09.
ECLI:EU:T:2010:83
62009TJ0031
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(Case T-31/09)
Community trade mark – Application for the Community word mark LE GOMMAGE DES FACADES – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009) – Duty to state reasons – First sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation 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 40/94, Art. 7(1)(c)) (see paras 28, 33-34)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 30 October 2008 (Case R 963/2008-1), concerning an application to register the word sign LE GOMMAGE DES FACADES as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark LE GOMMAGE DES FACADES for goods and services in Classes 3, 19 and 37 – application No 6071641
Decision of the Examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Baid SARL to pay the costs.