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Case T-687/13: Judgment of the General Court of 3 September 2014 — Unibail Management v OHIM (Representation of two lines and five stars) (Community trade mark — Application for a figurative Community trade mark representing two lines and five stars — Absolute ground for refusal — Distinctive character — Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 — Absence of concrete assessment — Duty to state reasons)
ECLI:EU:UNKNOWN:62013TA0687
62013TA0687
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Official Journal of the European Union
C 361/7
(Case T-687/13)(1)
((Community trade mark - Application for a figurative Community trade mark representing two lines and five stars - Absolute ground for refusal - Distinctive character - Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 - Absence of concrete assessment - Duty to state reasons))
2014/C 361/08
Language of the case: French
Parties
Applicant: Unibail Management (Paris, France) (represented by: L. Bénard, A. Rudoni, and O. Klimis, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 3 September 2013 (case R 299/2013-2), concerning an application for the registration of a sign representing two lines and five stars as a Community trade mark.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 September 2013 (case R 299/2013-2) in so far as it dismissed the appeal brought by Unibail Management for products and services falling within classes 16, 35, 36, 38, 41 and 42);
2.Orders OHIM to pay the costs.
OJ C 52, 22.2.2014.