Community trade mark Absolute ground for refusal Lack of distinctive character Article 7(1)(b) of Regulation (EC) No 207/2009 Application for Community figurative mark representing two curves on a pocket
Sumário
Judgment of the General Court (First Chamber) of 28 September 2010.
Rosenruist - Gestão e serviços, Lda v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for Community figurative mark representing two curves on a pocket - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009.
Case T-388/09.
Texto da decisão
Judgment of the General Court (First Chamber) of 28 September 2010 – Rosenruist v OHIM (Representation of two curves on a pocket)
(Case T-388/09)
Community trade mark – Application for Community figurative mark representing two curves on a pocket – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 15, 27)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Case R 237/2009-2), concerning an application for registration as a Community trade mark of a figurative sign representing two curves on a pocket. |
Information relating to the case
|
Applicant for the Community trade mark: |
Rosenruist – Gestão e serviços, Lda |
|
Community trade mark sought: |
Figurative mark representing two curves crossed at one point inserted on a pocket for goods and services in Classes 18 and 25 |
|
Decision of the examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Rosenruist – Gestão e serviços, Lda to pay the costs. |