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Case T-593/13: Judgment of the General Court of 30 January 2015 — Siemag Tecberg Group v OHIM (Winder Controls) (Community trade mark — Application for Community word mark Winder Controls — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(c) and (b) and Article 7(2) of Regulation (EC) No 207/2009 — Article 135a of the Rules of Procedure of the General Court — Request for a hearing made prematurely in the application)

ECLI:EU:UNKNOWN:62013TA0593

62013TA0593

January 30, 2015
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16.3.2015

Official Journal of the European Union

C 89/20

(Case T-593/13)(1)

((Community trade mark - Application for Community word mark Winder Controls - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(c) and (b) and Article 7(2) of Regulation (EC) No 207/2009 - Article 135a of the Rules of Procedure of the General Court - Request for a hearing made prematurely in the application))

(2015/C 089/22)

Language of the case: German

Parties

Applicant: Siemag Tecberg Group GmbH (Haiger, Germany) (represented by: T. Sommer, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 September 2013 (Case R 1261/2013-4), concerning an application for registration of the word sign Winder Controls as a Community trade mark.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Siemag Tecberg Group GmbH to bear its own expenses and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

OJ C 31, 1.2.2014.

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