(Case T-397/09)

Community trade mark – Application for Community figurative mark representing a coat of arms – Absolute ground for refusal – Imitation from a heraldic point of view of the symbol of a State– Article 7(1)(h) of Regulation (EC) No 207/2009 – Article 6ter of the Paris Convention

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Trade marks to be refused under the Paris Convention – Protection of emblems of States and international organisations (Council Regulation No 207/2009, Art. 7(1)(h)) (see paras 24-25,29-30)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R 1361/2008-1) concerning an application for registration as a Community trade mark of a figurative sign representing the coat of arms of the house of Hanover.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Figurative mark representing coats of arms for goods and services in Classes 16, 25, 28, 32, 33, 35, 39, 41 and 43 –Application No 5627245

Decision of the examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg to pay the costs.