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Case T-761/14: Judgment of the General Court of 23 February 2016 — Consolidated Artists v OHIM — Body Cosmetics International (MANGO) (Community trade mark — Invalidity proceedings — Community figurative mark MANGO — Absolute ground for refusal — Lack of distinctive character acquired through use — Article 7(3) of Regulation (EC) No 207/2009 — Article 52(2) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62014TA0761
62014TA0761
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Official Journal of the European Union
C 118/30
(Case T-761/14)(1)
((Community trade mark - Invalidity proceedings - Community figurative mark MANGO - Absolute ground for refusal - Lack of distinctive character acquired through use - Article 7(3) of Regulation (EC) No 207/2009 - Article 52(2) of Regulation No 207/2009))
(2016/C 118/33)
Language of the case: French
Parties
Applicant: Consolidated Artists BV (Amstelveen, Netherlands) (represented by: B. Corne, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Pétrequin and A. Folliard-Monguiral, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Body Cosmetics International GmbH (Willich, Germany) (represented by: M. Müller-Mergenthaler, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 September 2014 (Case R 2337/2013-4), relating to invalidity proceedings between Body Cosmetics International GmbH and Consolidated Artists BV.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Consolidated Artists BV to pay the costs.
(1)
OJ C 7, 12.1.2015.