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Valentina R., lawyer
((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
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)
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.
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.