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Case T-59/10: Judgment of the General Court of 23 November 2011 — Geemarc Telecom v OHIM — Audioline (AMPLIDECT) (Community trade mark — Invalidity proceedings — Community word mark AMPLIDECT — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Descriptive character — No distinctive character — Acquisition of distinctive character through use — Evidence)
ECLI:EU:UNKNOWN:62010TA0059
62010TA0059
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14.1.2012
Official Journal of the European Union
C 13/12
(Case T-59/10)(Community trade mark - Invalidity proceedings - Community word mark AMPLIDECT - Absolute grounds for refusal - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Descriptive character - No distinctive character - Acquisition of distinctive character through use - Evidence)
2012/C 13/23
Language of the case: English
Parties
Applicant: Geemarc Telecom International Ltd (Wanchai, Hong Kong) (represented by: G. Farrington, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Audioline GmbH (Neuss, Germany) (represented by: U. Blumenröder, P. Lübbe and B. Allekotte, lawyers)
Re: Action brought against the decision of the Second Board of Appeal of OHIM of 20 November 2009 (Case R 913/2009-2), relating to invalidity proceedings between Audioline GmbH and Geemarc Telecom International Ltd.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Geemarc Telecom International Ltd to pay the costs.
*
Language of the case: English.
OJ C 100, 17.4.2010.