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Case T-321/09: Judgment of the General Court of 2 February 2012 — skytron energy v OHIM (arraybox) (Community trade mark — Application for Community word mark arraybox — Absolute ground for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62009TA0321
62009TA0321
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17.3.2012
Official Journal of the European Union
C 80/16
(Case T-321/09)(1)
(Community trade mark - Application for Community word mark arraybox - Absolute ground for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
2012/C 80/24
Language of the case: German
Parties
Applicant: skytron energy GmbH & Co. KG (Berlin, Germany) (represented by: H.J. Omsels and C. Danziger, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 4 June 2009 (Case R 1680/2008-1) concerning an application for registration of the word sign arraybox as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders skytron energy GmbH & Co. KG to pay the costs.
OJ C 267, 7.11.2009.