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Order of the Court (Fifth Chamber) of 16 May 2011.#Giampietro Torresan v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Appeal - Community trade mark - Word mark CANNABIS - Invalidity proceedings - Absolute ground for refusal - Descriptive character - Regulation (EC) No 40/94 - Article 7(1)(c).#Case C-5/10 P.
ECLI:EU:C:2011:306
62010CO0005(01)
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(Case C-5/10 P)
Appeal – Community trade mark – Word mark CANNABIS – Invalidity proceedings – Absolute ground for refusal – Descriptive character – Regulation (EC) No 40/94 – Article 7(1)(c)
Re
Appeal against the judgment of the Court of First Instance (Second Chamber) of 19 November 2009 in Case T-234/06 Torresan v OHIM, by which that court dismissed the action brought against the decision of the Second Board of Appeal of OHIM of 29 June 2006 (Case R 517/2005-2), relating to invalidity proceedings between Klosterbrauerei Weissenohe GmbH & Co. KG and Giampietro Torresan.
Operative part
1.The appeal is dismissed.
2.Mr Torresan is ordered to pay the costs.