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Case T-385/14: Judgment of the General Court of 30 September 2015 — Volkswagen v OHIM (ULTIMATE) (Community trade mark — Application for Community word ULTIMATE — Absolute ground for refusal — Absence of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62014TA0385
62014TA0385
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23.11.2015
Official Journal of the European Union
C 389/51
(Case T-385/14)(1)
((Community trade mark - Application for Community word ULTIMATE - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2015/C 389/57)
Language of the case: German
Parties
Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by: U. Sander, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 24 March 2014 (Case R 1787/2013-1), concerning an application for registration of the word sign ULTIMATE as a Community trade mark.
Operative part of the judgment
The Court:
1)Dismisses the action;
2)Orders Volkswagen AG to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
OJ C 253, 4.8.2014.