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Case C-265/09 P: Judgment of the Court (First Chamber) of 9 September 2010 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) v BORCO-Marken-Import Matthiesen GmbH & Co. KG (Appeal — Community trade mark — Application for registration of the figurative sign ‘α’ — Absolute grounds for refusal — Distinctive character — Mark consisting of a single letter)
ECLI:EU:UNKNOWN:62009CA0265
62009CA0265
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23.10.2010
Official Journal of the European Union
C 288/13
(Case C-265/09 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - Community trade mark - Application for registration of the figurative sign ‘α’ - Absolute grounds for refusal - Distinctive character - Mark consisting of a single letter)
(2010/C 288/19)
Language of the case: German
Parties
Appellant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Other party to the proceedings: BORCO-Marken-Import Matthiesen GmbH & Co. KG (represented by: M. Wolter, Rechtsanwalt)
Re:
Appeal brought against the judgment of the Court of First Instance (Sixth Chamber) of 29 April 2009 in Case T-23/07 Borco-Marken-Import Matthiesen v OHIM (α), by which the Court annulled the decision of the Fourth Board of Appeal of OHIM of 30 November 2006, dismissing the action brought against the decision of the examiner refusing the registration of the figurative sign ‘α’ as a Community trade mark for goods in Class 33 — Distinctive character of a mark consisting of a single letter
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to pay the costs.
(<span class="oj-super">1</span>) OJ C 233, 26.9.2009.