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Case T-497/13: Order of the General Court of 16 September 2014 — Boston Scientific Neuromodulation v OHIM (PRECISION SPECTRA) (Community trade mark — Application for Community word mark PRECISION SPECTRA — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)

ECLI:EU:UNKNOWN:62013TB0497

62013TB0497

September 16, 2014
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Official Journal of the European Union

C 431/22

(Case T-497/13)(1)

((Community trade mark - Application for Community word mark PRECISION SPECTRA - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law))

(2014/C 431/38)

Language of the case: English

Parties

Applicant: Boston Scientific Neuromodulation Corp. (Valencia, California, United States) (represented by: P. Rath and W. Festl-Wietek, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 17 May 2013 (Case R 2099/2012-5), concerning an application for registration of the word mark PRECISION SPECTRA as a Community trade mark.

Operative part of the order

1.The action is dismissed.

2.Boston Scientific Neuromodulation Corp. is ordered to pay the costs.

(1) OJ C 344, 23.11.2013.

* * *

Language of the case: English

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