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Judgment of the General Court (First Chamber) of 30 November 2011. # Paul Hartmann AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark "Complete" - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - Statement of reasons - Goods forming a homogenous group - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009. # Case T-123/10.
ECLI:EU:T:2011:706
62010TJ0123
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(Case T-123/10)
Community trade mark – Application for Community word mark Complete – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Statement of reasons – Goods forming a homogenous group – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 January 2010 (Case R 601/2009-4) concerning an application to register the word mark “Complete” as a Community trade mark.
Operative part
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 January 2010 (Case R 601/2009-4);
2.Orders OHIM to bear its own costs and to pay the costs incurred by Paul Hartmann AG, including the indispensable costs incurred by the latter in the procedure before the Board of Appeal.