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Case T-118/08: Judgment of the General Court of 15 June 2010 — Actega Terra v OHIM (TERRAEFFEKT matt & gloss) (Community trade mark — Application for the Community word mark TERRAEFFEKT matt & gloss — 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:62008TA0118
62008TA0118
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31.7.2010
Official Journal of the European Union
C 209/33
(Case T-118/08) (<span class="super">1</span>)
(Community trade mark - Application for the Community word mark TERRAEFFEKT matt & gloss - 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 209/48
Language of the case: German
Parties
Applicant: Actega Terra GmbH (Lehrte, Germany) (represented by: A. Andorfer-Erhard, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: S. Schnäffner, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 7 January 2008 (Case R 1467/2007-1) concerning an application for registration of the word sign TERRAEFFEKT matt & gloss as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Actega Terra GmbH to pay the costs.
(<span class="super">1</span>) OJ C 107, 26.4.2008.