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Case T-636/13: Judgment of the General Court of 23 October 2015 — Trekstor v OHIM — MSI Technology (MovieStation) (Community trade mark — Invalidity proceedings — Community word mark MovieStation — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — Article 7(1(b) and (c) of Regulation (EC) No 207/2009 — Article 52 of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62013TA0636
62013TA0636
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14.12.2015
Official Journal of the European Union
C 414/26
(Case T-636/13)(1)
((Community trade mark - Invalidity proceedings - Community word mark MovieStation - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Article 52 of Regulation No 207/2009))
(2015/C 414/33)
Language of the case: German
Parties
Applicant: TrekStor Ltd (Hong Kong, China) (represented by: O. Spieker and M. Alber, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider and A. Schifko, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: MSI Technology GmbH (Frankfurt-am-Main, Germany) (represented by: T. Lieb, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 September 2013 (Case R 1914/2012-4), relating to invalidity proceedings between TrekStor Ltd and MSI Technology GmbH.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders TrekStor Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);
3.Orders MSI Technology GmbH to bear its own costs.
(1)
OJ C 39, 8.2.2014.