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Judgment of the General Court (Eighth Chamber) of 7 April 2011. # Alexander Gruber v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark Run the globe - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009). # Case T-12/09.

ECLI:EU:T:2011:145

62009TJ0012

April 7, 2011
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(Case T-12/09)

Community trade mark – Application for Community word mark Run the globe – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now 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 distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 20, 24-27)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 6 November 2008 (Case R 1779/2007-1) concerning a request for registration of the word sign Run the globe as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark Run the globe for services in Class 41 – Application No 5154521

Decision of the examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Mr Alexander Gruber to pay the costs.

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