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Case T-386/08: Judgment of the General Court of 8 July 2010 — Trautwein v OHIM (Representation of a horse) (Community trade mark — Application for a Community figurative mark representing a horse — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62008TA0386
62008TA0386
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28.8.2010
Official Journal of the European Union
C 234/33
(Case T-386/08)(<span class="super">1</span>)
(Community trade mark - Application for a Community figurative mark representing a horse - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
2010/C 234/57
Language of the case: German
Parties
Applicant: Nadine Trautwein Rolf Trautwein GbR, Research and Development (Leopoldshöhe, Germany) (represented by: C. Czychowski, A. Nordemann and A. Dustmann, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs (OHIM) (represented by: S. Schäffner, Agent)
Re:
Action brought against the decision of 7 July 2008 of the First Board of Appeal of OHIM (Case R 1730/2007-1) concerning an application for registration as a Community trade mark of a figurative sign representing a horse
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs.
(<span class="super">1</span>) OJ C 313, 6.12.2008.