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Case T-139/08: Judgment of the Court of First Instance of 29 September 2009 — The Smiley Company v OHIM (Representation of half a smiley smile) (Community trade mark — International registration designating the European Community — Figurative mark representing half a smiley smile — Absolute ground for refusal — Lack of distinctive character — Article 146(1) and Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 151(1) and Article 7(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62008TA0139
62008TA0139
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Official Journal of the European Union
(Case T-139/08) (<span class="super">1</span>)
(Community trade mark - International registration designating the European Community - Figurative mark representing half a smiley smile - Absolute ground for refusal - Lack of distinctive character - Article 146(1) and Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 151(1) and Article 7(1)(b) of Regulation (EC) No 207/2009)
2009/C 267/112
Language of the case: English
Parties
Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Deutsch, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 February 2008 (R 958/2007-4) concerning the international registration, designating the European Community, of the figurative mark representing half a smiley smile
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders The Smiley Company SPRL to pay the costs, including those connected with its substitution for Mr Franklin Loufrani.
(<span class="super">1</span>) OJ C 142, 7.6.2008.
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