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Case T-458/08: Judgment of the General Court of 8 September 2010 — Wilfer v OHIM (Representation of the head of a guitar) (Community trade mark — Application for a Community figurative mark representing the head of a guitar in silver, grey and brown — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) — Examination of the facts of its own motion — Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009) — Obligation to state reasons — The first sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009) — Equal treatment)
ECLI:EU:UNKNOWN:62008TA0458
62008TA0458
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23.10.2010
Official Journal of the European Union
C 288/35
(Case T-458/08) (*)
(Community trade mark - Application for a Community figurative mark representing the head of a guitar in silver, grey and brown - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Examination of the facts of its own motion - Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009) - Obligation to state reasons - The first sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009) - Equal treatment)
(2010/C 288/67)
Language of the case: German
Parties
Applicant: Hans-Peter Wilfer (Markeneukirchen, Germany) (represented by: A. Kockläuner, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 July 2008 (Case R 78/2007-4), concerning the registration as a Community trade mark of the figurative sign representing the head of a guitar in the colours silver, grey and brown.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Hans-Peter Wilfer to pay the costs.
(*)
Language of the case: German.
ECLI:EU:C:2010:288
* * *
(1) Language of the case: German.