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Case T-409/10: Judgment of the General Court of 22 March 2013 — Bottega Veneta International v OHIM (Shape of a handbag) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a handbag — Absolute grounds for refusal — Lack of distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and Article 7(3) of Regulation (EC) No 207/2009 — Failure to take account of an element of the trade mark applied for — Rule No 9 of Regulation (EC) No 2868/95)
ECLI:EU:UNKNOWN:62010TA0409
62010TA0409
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Official Journal of the European Union
C 129/15
(Case T-409/10)(<span class="super">1</span>)
(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a handbag - Absolute grounds for refusal - Lack of distinctive character - Lack of distinctive character acquired through use - Article 7(1)(b) and Article 7(3) of Regulation (EC) No 207/2009 - Failure to take account of an element of the trade mark applied for - Rule No 9 of Regulation (EC) No 2868/95)
2013/C 129/28
Language of the case: Italian
Parties
Applicant: Bottega Veneta International Sàrl (Luxembourg, Luxembourg) (represented by: P. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Mannucci, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 16 June 2010 (Case R 1247/2009-1), concerning an application for registration of a three-dimensional sign in the shape of a handbag as a Community trade mark
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Bottega Veneta International Sàrl to pay the costs.
(<span class="super">1</span>) OJ C 301, 6.11.2010.