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Case C-513/07 P: Order of the Court (Sixth Chamber) of 17 October 2008 — AGC Flat Glass Europe SA, formerly Glaverbel SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(3) — Figurative mark representing the texture of a glass surface — Refusal of registration — Evidence of distinctive character acquired through use — Target public and territory to be considered)
ECLI:EU:UNKNOWN:62007CB0513
62007CB0513
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21.3.2009
Official Journal of the European Union
C 69/12
(Case C-513/07 P)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(3) - Figurative mark representing the texture of a glass surface - Refusal of registration - Evidence of distinctive character acquired through use - Target public and territory to be considered)
(2009/C 69/20)
Language of the case: English
Parties
Applicant: AGC Flat Glass Europe SA, formerly Glaverbel SA (represented by: T. Koerl, lawyer)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar Ortuño, Agent)
Re:
Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 12 September 2007 in Case T-141/06 Glaverbel v OHIM by which the Court dismissed an action seeking annulment of Decision R 986/2004-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 1 March 2006 dismissing the action brought against the examiner's decision refusing registration of a figurative mark representing the texture of a glass surface for certain goods in Classes 19 and 21.
Operative part of the order
1.The appeal is dismissed.
2.AGC Flat Glass Europe SA is ordered to pay the costs.
(1) OJ C 51, 23.2.2008.