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Case T-242/14: Judgment of the General Court of 7 October 2015 — The Smiley Company v OHIM (Shape of a face with horns) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a face with horns — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62014TA0242
62014TA0242
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30.11.2015
Official Journal of the European Union
C 398/48
(Case T-242/14) (<span class="super">1</span>)
((Community trade mark - Application for a three-dimensional Community trade mark - Shape of a face with horns - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2015/C 398/61)
Language of the case: English
Parties
Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Freitag and C. Albrecht, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos and A. Folliard-Monguiral, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 16 January 2014 (Case R 836/2013-1) concerning an application for registration as a Community trade mark of a three-dimensional sign comprising the shape of a face with horns.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 January 2014 (Case R 836/2013-1) with regard to the refusal to register the mark applied for in respect of ‘preserved, frozen, dried and cooked fruits and vegetables; milk products’;
2.Dismisses the action as to the remainder;
3.Orders the parties to bear their own costs.
(<span class="super">1</span>) OJ C 282, 25.8.2014.