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Order of the Court (Fifth Chamber) of 26 April 2012. # Deichmann SE v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(b) - Absolute ground for refusal - Lack of distinctive character - Figurative sign representing a chevron edged with dotted lines. # Case C-307/11 P.
ECLI:EU:C:2012:254
62011CO0307
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Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(b) — Absolute ground for refusal — Lack of distinctive character — Figurative sign representing a chevron edged with dotted lines
Re:
Appeal brought against the judgment of the General Court (Seventh Chamber) of 13 April 2011 in Case T‑202/09 Deichmann SE v OHIM, by which that court dismissed the action for annulment of the decision of the Fourth Board of Appeal of OHIM of 3 April 2009 dismissing the appeal against the examiner’s decision, which refused registration of the figurative sign representing a chevron edged with dotted lines as a Community trade mark for certain goods in Classes 10 and 25 — Distinctive character of the mark.
Operative part
1.The appeal is dismissed.
2.Deichmann SE is ordered to pay the costs.