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Judgment of the General Court (Seventh Chamber) of 13 April 2011.#Deichmann SE v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#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).#Case T-202/09.
ECLI:EU:T:2011:168
62009TJ0202
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(Case T-202/09)
Community trade mark – International registration designating the European Community – Figurative mark representing a chevron with perforated border – 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)
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 chevron with perforated border.
Information relating to the case
Mark concerned:
Figurative mark representing a chevron with perforated border for goods in Classes 10 and 25 (International Registration designating the European Community, No W00881226)
Decision of the examiner:
Protection refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court: