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Case T-388/09: Judgment of the General Court of 28 September 2010 — Rosenruist v OHIM (Representation of two curves on a pocket) (Community trade mark — Application for Community figurative mark representing two curves on a pocket — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62009TA0388
62009TA0388
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Official Journal of the European Union
C 317/31
(Case T-388/09) (<span class="super">1</span>)
(Community trade mark - Application for Community figurative mark representing two curves on a pocket - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)
2010/C 317/57
Language of the case: English
Parties
Applicant: Rosenruist — Gestão e serviços, Lda (Funchal, Portugal) (represented by: S. Rizzo and S. González Malabia, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Case R 237/2009-2) concerning an application for registration as a Community trade mark of a figurative sign representing two curves on a pocket.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Rosenruist — Gestão e serviços, Lda to pay the costs.
(<span class="super">1</span>) OJ C 282, 21.11.2009.