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Case C-88/11 P: Judgment of the Court (Seventh Chamber) of 10 November 2011 — LG Electronics, Inc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Word sign ‘KOMPRESSOR PLUS’ — Refusal to register — Regulation (EC) No 40/94 — Article 7(1)(c) — Descriptive character — Consideration of new evidence by the General Court — Distortion of the facts and evidence)
ECLI:EU:UNKNOWN:62011CA0088
62011CA0088
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28.1.2012
Official Journal of the European Union
C 25/19
(Case C-88/11 P) (1)
(Appeal - Community trade mark - Word sign ‘KOMPRESSOR PLUS’ - Refusal to register - Regulation (EC) No 40/94 - Article 7(1)(c) - Descriptive character - Consideration of new evidence by the General Court - Distortion of the facts and evidence)
(2012/C 25/32)
Language of the case: French
Parties
Appellant: LG Electronics, Inc. (represented by: J. Blanchard, avocat)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Re:
Appeal against the judgment of the General Court (Second Chamber) of 16 December 2010 in Case T-497/09 LG Electronics v OHIM dismissing the appellant’s action against the decision of the First Board of Appeal of OHIM of 23 September 2009 (Case R 397/2009-1) concerning an application for registration of the word sign KOMPRESSOR PLUS as a Community trade mark — Descriptive nature of the mark — Article 7(1)(c) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Consideration of new facts by the General Court — Distortion of the evidence
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders LG Electronics Inc. to pay the costs.
OJ C 120, 16.4.2011.