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Judgment of the General Court (Second Chamber) of 16 December 2010. # LG Electronics, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark KOMPRESSOR PLUS - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009. # Case T-497/09.
ECLI:EU:T:2010:540
62009TJ0497
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(Case T-497/09)
Community trade mark – Application for Community word mark KOMPRESSOR PLUS – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 14, 18-21)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 23 September 2009 (Case R 397/2009-1), relating to an application for registration as a Community trade mark of the word sign KOMPRESSOR PLUS.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark KOMPRESSOR PLUS for goods in Class 7 – Application No 7282924
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal partially dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders LG Electronics, Inc. to pay the costs.