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Case T-78/08: Judgment of the Court of First Instance of 11 June 2009 — Baldesberger v OHIM (Shape of tweezers) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of tweezers — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62008TA0078
62008TA0078
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Official Journal of the European Union
(Case T-78/08) (*)
(Community trade mark - Application for a three-dimensional Community trade mark - Shape of tweezers - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
2009/C 180/89
Language of the case: German
Parties
Applicant: Fides B. Baldesberger (represented by: F. Nielsen, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Kicia, Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 December 2007 (Case R 1405/2007-4) regarding an application for registration of a three-dimensional sign in the shape of tweezers as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Ms Fides B. Baldesberger to pay the costs.
* * *
(*) Language of the case: German.
(1) OJ C 107 of 26.4.2008.