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Community trade mark – Application for a Community figurative mark representing the head of a guitar in silver, grey and brown – 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(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009) – Duty to state reasons – First sentence of Article 73 of Regulation No 40/94 (now first sentence of Article 75 of Regulation No 207/2009) – Equal treatment
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 July 2008 (Case R 78/2007-4), concerning the registration as a Community trade mark of the figurative sign representing the head of a guitar in the colours silver, grey and brown.
Applicant for the Community trade mark:
Community trade mark sought:
Figurative mark representing the head of a guitar in the colours silver, grey and brown, for goods in Classes 9 and 15 – Application No 2639821
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
The Court:
1.Dismisses the action;
2.Orders Hans-Peter Wilfer to pay the costs.