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Case T-547/13: Judgment of the General Court of 8 October 2015 — Rosian Express v OHIM (Shape of a games box) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a games box — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Right to be heard — Article 75 of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62013TA0547
62013TA0547
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30.11.2015
Official Journal of the European Union
C 398/36
(Case T-547/13)
((Community trade mark - Application for a three-dimensional Community trade mark - Shape of a games box - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Right to be heard - Article 75 of Regulation No 207/2009))
(2015/C 398/46)
Language of the case: Romanian
Parties
Applicant: Rosian Express SRL (Medias, Romania) (represented by: E. Grecu and A. Tigau, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar and A. Geavela, acting as Agents)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 11 July 2013 (case R 797/2013-5), relating to an application for registration of a three-dimensional sign consisting of the shape of a games box as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Rosian Express SRL to pay the costs.
OJ C 367, 14.12.2013.