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Case T-648/14: Judgment of the General Court of 3 December 2015 — Infusion Brands v OHIM (DUALTOOLS) (Community trade mark — Application for the Community figurative mark DUALTOOLS — Absolute grounds for refusal — Partial refusal of registration — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62014TA0648
62014TA0648
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25.1.2016
Official Journal of the European Union
C 27/52
(Case T-648/14) (1)
((Community trade mark - Application for the Community figurative mark DUALTOOLS - Absolute grounds for refusal - Partial refusal of registration - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))
(2016/C 027/65)
Language of the case: English
Parties
Applicant: Infusion Brands, Inc. (Myerlake Circle Clearwater, Florida, United States) (represented by: K. Piepenbrink, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by V. Melgar, and subsequently by H. O’Neill and M. Rajh, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 July 2014 (Case R 398/2014-4), concerning an application for registration of the figurative sign DUALTOOLS as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Infusion Brands, Inc. to pay the costs.
(1) OJ C 380, 27.10.2014.