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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.
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
The Court:
1.Dismisses the action;
2.Orders Mr Alexander Gruber to pay the costs.