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Case T-294/10: Judgment of the General Court of 11 April 2013 — CBp Carbon Industries v OHIM (CARBON GREEN) (Community trade mark — International registration designating the European Community — Community word mark CARBON GREEN — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62010TA0294
62010TA0294
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25.5.2013
Official Journal of the European Union
C 147/16
(Case T-294/10)(<span class="super">1</span>)
(Community trade mark - International registration designating the European Community - Community word mark CARBON GREEN - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
2013/C 147/26
Language of the case: English
Parties
Applicant: CBp Carbon Industries, Inc. (Tortola, British Virgin Islands, United Kingdom) (represented by: S. Malynicz, Barrister, and J. Fish, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 21 April 2010 (Case R 1361/2009-1), concerning an application for registration of the word sign CARBON GREEN as a Community trade mark
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders CBp Carbon Industries, Inc. to pay the costs.
(<span class="super">1</span>) OJ C 260, 25.9.2010.