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Case T-415/11: Judgment of the General Court of 8 November 2012 — Hartmann v OHIM (Nutriskin Protection Complex) (Community trade mark — Application for the Community word mark Nutriskin Protection Complex — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Lack of distinctive character — Article 7(1)(b) of Regulation No 207/2009 — OHIM’s decision-making practice — Obligation to state reasons — Article 75 of Regulation No 207/2009)

ECLI:EU:UNKNOWN:62011TA0415

62011TA0415

November 8, 2012
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22.12.2012

Official Journal of the European Union

C 399/20

(Case T-415/11)(<span class="super">1</span>)

(Community trade mark - Application for the Community word mark Nutriskin Protection Complex - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Lack of distinctive character - Article 7(1)(b) of Regulation No 207/2009 - OHIM’s decision-making practice - Obligation to state reasons - Article 75 of Regulation No 207/2009)

2012/C 399/35

Language of the case: German

Parties

Applicant: Paul Hartmann AG (Heidenheim an der Brenz, Germany) (represented by: N. Aicher, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel and A. Poch, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 May 2011 (Case R 1524/2010-1), concerning an application for registration of the sign Nutriskin Protection Complex as a Community trade mark

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Paul Hartmann AG to pay the costs.

(<span class="super">1</span>) OJ C 298, 8.10.2011.

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