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Case T-85/08: Judgment of the General Court of 9 July 2010 — Exalation v OHIM (Vektor-Lycopin) (Community trade mark — Application for Community word mark Vektor-Lycopin — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62008TA0085
62008TA0085
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Valentina R., lawyer
28.8.2010
Official Journal of the European Union
C 234/32
(Case T-85/08) (<span class="super">1</span>)
(Community trade mark - Application for Community word mark Vektor-Lycopin - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))
2010/C 234/54
Language of the case: German
Parties
Applicant: Exalation Ltd (Ilford, Essex, United Kingdom) (represented by: K. Zingsheim, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: S. Schäffner, Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 December 2007 (Case R 1037/2007-4), concerning an application for registration of the word sign Vektor-Lycopin as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Exalation Ltd to pay the costs.
(<span class="super">1</span>) OJ C 107, 26.4.2008.