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Judgment of the General Court (Eighth Chamber) of 7 July 2011. # Cree, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark TRUEWHITE - Absolute grounds for refusal - Article 7(1)(c) of Regulation No 207/2009 - Descriptive mark. # Case T-208/10.
ECLI:EU:T:2011:340
62010TJ0208
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(Case T-208/10)
Community trade mark – Application for Community word mark TRUEWHITE – Absolute grounds for refusal – Article 7(1)(c) of Regulation No 207/2009 – Descriptive mark
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 23, 25, 31)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 17 February 2010 (Case R 985/2009‑2) concerning registration of the sign TRUEWHITE as a Community trade mark.
Operative part
The Court:
1.Dismisses the action;
2.Orders Cree, Inc. to pay the costs.