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(Case T-397/09)(<span class="super">1</span>)
(Community trade mark - Application for Community figurative mark representing a coat of arms - Absolute ground for refusal - Imitation from a heraldic point of view of the symbol of a State - Article 7(1)(h) of Regulation (EC) No 207/2009 - Article 6 ter of the Paris Convention)
2011/C 204/36
Language of the case: German
Applicant: Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg (Hanover, Germany) (represented by: R. Stötzel and J. Hilger, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Action brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R 1361/2008-1) concerning an application for registration as a Community trade mark of a figurative sign representing the coat of arms of the house of Hanover.
The Court:
1.Dismisses the action;
2.Orders Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg to pay the costs.
(<span class="super">1</span>) OJ C 297, 5.12.2009.