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Case T-396/07: Judgment of the Court of First Instance of 23 September 2009 — France Télécom v OHIM (UNIQUE) (Community trade mark — Application for the Community word mark UNIQUE — 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)
ECLI:EU:UNKNOWN:62007TA0396
62007TA0396
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Official Journal of the European Union
(Case T-396/07)
(Community trade mark - Application for the Community word mark UNIQUE - 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)
2009/C 267/106
Language of the case: French
Parties
Applicant: France Télécom (Paris, France) (represented by: B. Potot and C. Bertheux Scotte, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 585/2007-2) concerning an application for registration of the word sign UNIQUE as a Community trade mark
Operative part of the judgment
The Court:
1.dismisses the action;
2.orders France Télécom to pay the costs.
* * *
(1) OJ C 315, 22.12.2007.