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Judgment of the General Court (First Chamber) of 28 September 2010. # Rosenruist - Gestão e serviços, Lda v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community figurative mark representing two curves on a pocket - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009. # Case T-388/09.
ECLI:EU:T:2010:410
62009TJ0388
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(Case T-388/09)
Community trade mark – Application for Community figurative mark representing two curves on a pocket – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 15, 27)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Case R 237/2009-2), concerning an application for registration as a Community trade mark of a figurative sign representing two curves on a pocket.
Information relating to the case
Applicant for the Community trade mark:
Rosenruist – Gestão e serviços, Lda
Community trade mark sought:
Figurative mark representing two curves crossed at one point inserted on a pocket for goods and services in Classes 18 and 25
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Rosenruist – Gestão e serviços, Lda to pay the costs.