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Case T-25/11: Judgment of the General Court of 29 January 2013 — Germans Boada v OHIM (Manual tile-cutting machine) (Community trade mark — Application for a Community three-dimensional mark — Manual tile-cutting machine — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Lack of distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 — Obligation to state reasons — Articles 75 and 76 of Regulation No 207/2009 — Equal treatment)
ECLI:EU:UNKNOWN:62011TA0025
62011TA0025
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Official Journal of the European Union
C 71/16
(Case T-25/11)(<span class="super">1</span>)
(Community trade mark - Application for a Community three-dimensional mark - Manual tile-cutting machine - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 207/2009 - Obligation to state reasons - Articles 75 and 76 of Regulation No 207/2009 - Equal treatment)
2013/C 71/24
Language of the case: Spanish
Parties
Applicant: Germans Boada, SA (Rubí, Spain) (represented by: J. Carbonell Callicó, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 28 October 2010 (Case R 771/2010-1), relating to an application for registration of the three-dimensional sign representing a manual tile-cutting machine as a Community trade mark
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Germans Boada, SA to pay the costs.
(<span class="super">1</span>) OJ C 80, 12.3.2011.