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Case T-471/07: Judgment of the Court of First Instance of 15 September 2009 — Wella v OHIM (TAME IT) (Community trade mark — International registration — Request for territorial extension of protection — Word mark TAME IT — 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)
ECLI:EU:UNKNOWN:62007TA0471
62007TA0471
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Valentina R., lawyer
24.10.2009
Official Journal of the European Union
C 256/25
(Case T-471/07)
(Community trade mark - International registration - Request for territorial extension of protection - Word mark TAME IT - 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)
2009/C 256/46
Language of the case: English
Parties
Applicant: Wella AG (Darmstadt, Germany) (represented by: B. Klingberg and K. Sandberg, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 24 October 2007 (Case R 713/2007-2), relating to a territorial extension, to the European Community, of the protection in respect of the international registration of the word mark TAME IT
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Wella AG to pay the costs.
(1) OJ C 51, 23.2.2008.