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Case T-449/07: Judgment of the Court of First Instance of 5 May 2009 — Rotter v OHIM (Shape of an arrangement of sausages) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of an arrangement of sausages — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62007TA0449
62007TA0449
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Official Journal of the European Union
C 141/39
(Case T-449/07)
(Community trade mark - Application for a three-dimensional Community trade mark - Shape of an arrangement of sausages - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)
2009/C 141/80
Language of the case: German
Parties
Applicant: Thomas Rotter (Munich, Germany) (represented by: M. Müller, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 27 September 2007 (Case R 1415/2006-4) relating to the registration of a three-dimensional sign representing an arrangement of sausages as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Thomas Rotter to pay the costs.
(<span class="super">1</span>) OJ C 37, 9.2.2008.