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Order of the Court (Sixth Chamber) of 13 February 2008. # Indorata-Serviços e Gestão Lda v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Word mark HAIRTRANSFER - Refusal of registration - Lack of distinctive character. # Case C-212/07 P.
ECLI:EU:C:2008:83
62007CO0212
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(Case C‑212/07 P)
Appeal – Community trade mark – Word mark HAIRTRANSFER – Refusal of registration – Lack of distinctive character
Appeals – Grounds – Incorrect assessment of the facts – Inadmissible – Review by the Court of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 38)
Re:
Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 15 February 2007 in Case T‑204/04 Indorata-Serviços e Gestão Ldª v OHIM, by which the Court of First Instance dismissed the action for the annulment of the decision refusing registration of the word mark HAIRTRANSFER for goods and services in Classes 8, 22, 41 and 44 – Distinctiveness of the mark.
Operative part
The Court:
1.Dismisses the appeal;
2.Orders Indorata-Serviços e Gestão, Ldª to pay the costs.