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Order of the Court (Sixth Chamber) of 13 September 2011. # Hans-Peter Wilfer v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Figurative sign representing the headstock of a guitar - Refusal to register - Absolute ground for refusal - Lack of distinctiveness - Ex officio examination of the facts - Articles 7(1)(b) and 74(1) of Regulation (EC) No 40/94 - Admissibility of evidence submitted for the first time before the General Court - Equality of treatment. # Case C-546/10.
ECLI:EU:C:2011:574
62010CO0546
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(Case C-546/10 P)
Appeal – Community trade mark – Figurative sign representing the headstock of a guitar – Refusal to register – Absolute ground for refusal – Lack of distinctiveness – Examination of the facts ex officio – Articles 7(1)(b) and 74(1) of Regulation (EC) No 40/94 – Admissibility of evidence submitted for the first time before the General Court – Equality of treatment
Re:
Appeal brought against the judgment of the General Court (Fourth Chamber) of 8 September 2010 in Case T‑458/08 Wilfer v OHIM, by which the General Court dismissed the action for annulment brought against the decision of the Fourth Board of Appeal of OHIM of 25 July 2008, dismissing the appeal against the examiner’s decision refusing in part registration of the figurative sign representing the headstock of a guitar coloured silver, grey and brown as a Community trade mark for certain goods in Classes 9 to 15 – Distinctiveness of a figurative sign consisting of the two-dimensional representation of part of the product.
Operative part
1.The appeal is dismissed.
2.Mr Wilfer is ordered to pay the costs.