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Appeal – Community trade mark – Word sign ‘KOMPRESSOR PLUS’ – Refusal to register – Regulation (EC) No 40/94 – Article 7(1)(c) – Descriptive character – Consideration of new evidence by the General Court – Distortion of the facts and evidence
Re:
Appeal against the judgment of the General Court (Second Chamber) of 16 December 2010 in Case T-497/09 LG Electronics v OHIM dismissing the appellant’s action against the decision of the First Board of Appeal of OHIM of 23 September 2009 (Case R 397/2009-1) concerning an application for registration of the word sign KOMPRESSOR PLUS as a Community trade mark – Descriptive nature of the mark – Article 7(1)(c) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) – Consideration of new facts by the General Court – Distortion of the evidence.
The Court:
1.Dismisses the appeal;
2.Orders LG Electronics Inc. to pay the costs.