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Case T-464/08: Judgment of the General Court of 19 May 2010 — Zeta Europe v OHIM (Superleggera) (Community trade mark — Application for the figurative Community trade mark Superleggera — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) — Examination of the facts of its own motion — Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009) — Obligation to state reasons — Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009))
ECLI:EU:UNKNOWN:62008TA0464
62008TA0464
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Official Journal of the European Union
C 179/36
(Case T-464/08) (*)
(Community trade mark - Application for the figurative Community trade mark Superleggera - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Examination of the facts of its own motion - Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009) - Obligation to state reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009))
(2010/C 179/62)
Language of the case: Italian
Parties
Applicant: Zeta Europe BV (Arnhem, Netherlands) (represented by: V. Bilardo, C. Bacchini and M. Mazzitelli, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Sempio and O. Montalto, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 17 July 2008 (Case R 666/2008-1), concerning an application for the registration of the figurative sign Superleggera as a Community trade mark
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Zeta Europe BV to pay the costs.
(*) Language of the case: Italian.
OJ C 313 of 6.12.2008