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Case T-72/11: Judgment of the General Court of 13 September 2012 — Sogepi Consulting y Publicidad v OHIM (ESPETEC) (Community trade mark — Application for Community word mark ESPETEC — Absolute grounds for refusal — Descriptive nature — Lack of distinctiveness — Lack of distinctiveness acquired by use — Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62011TA0072
62011TA0072
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Official Journal of the European Union
C 319/8
(Case T-72/11)(<span class="super">1</span>)
(Community trade mark - Application for Community word mark ESPETEC - Absolute grounds for refusal - Descriptive nature - Lack of distinctiveness - Lack of distinctiveness acquired by use - Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009)
2012/C 319/13
Language of the case: Spanish
Parties
Applicant: Sogepi Consulting y Publicidad, SL (Vic, Spain) (represented by: initially by: J. de Oliveira Vaz Miranda Sousa, T. Barceló Rebaque and N. Esteve Manasanch, and subsequently by: J. de Oliveira Vaz Miranda Sousa and N. Esteve Manasanch)
Defendant: OHIM (represented by: J. Crespo Carrillo, acting as Agent)
Re:
Annulment of the decision of the Second Board of Appeal of OHIM of 12 November 2010 (Case R 312/2010-2) concerning an application for registration of the word mark ESPETEC as a Community trade mark
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Sogepi Consulting y Publicidad, SL to pay the costs.
(<span class="super">1</span>) OJ C 113, 9.4.2011.