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Case T-202/09: Judgment of the General Court of 13 April 2011 — Deichmann v OHIM (Representation of a curved band with dotted lines) (Community trade mark — International registration designating the European Community — Figurative mark representing a curved band with dotted lines — Absolute ground for refusal — Absence of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62009TA0202
62009TA0202
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Valentina R., lawyer
28.5.2011
Official Journal of the European Union
C 160/18
(Case T-202/09) (<span class="super">1</span>)
(Community trade mark - International registration designating the European Community - Figurative mark representing a curved band with dotted lines - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
2011/C 160/24
Language of the case: German
Parties
Applicant: Deichmann SE, formerly Heinrich Deichmann-Scuhe GmbH & Co. KG (Essen, Germany) (represented by: O. Rauscher, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Weberndörfer, Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 April 2009 (Case R 224/2007-4) concerning an international registration designating the European Community of a figurative mark representing a curved band with dotted lines
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Deichmann SE to pay the costs.
(<span class="super">1</span>) OJ C 180, 1.8.2009.