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Case T-377/09: Judgment of the General Court of 15 December 2011 — Mövenpick v OHIM (PASSIONATELY SWISS) (Community trade mark — Application for Community word mark PASSIONATELY SWISS — Absolute grounds for refusal — Geographical indication of origin — Lack of distinctive character)
ECLI:EU:UNKNOWN:62009TA0377
62009TA0377
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4.2.2012
Official Journal of the European Union
C 32/21
(Case T-377/09) (<span class="super">1</span>)
(Community trade mark - Application for Community word mark PASSIONATELY SWISS - Absolute grounds for refusal - Geographical indication of origin - Lack of distinctive character)
2012/C 32/40
Language of the case: German
Parties
Applicant: Mövenpick-Holding (Cham, Swizerland) (represented by: M. Taxhet, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R 1457/2008-1) relating to an application for registration of the word mark PASSIONATELY SWISS as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders Mövenpick Holding to pay the costs.
(<span class="super">1</span>) OJ C 282, 21.11.2009.