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Document 62009TJ0202

    Judgment of the General Court (Seventh Chamber) of 13 April 2011.
    Deichmann SE v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - International registration designating the European Community - Figurative mark representing a curved band with dotted lines - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009).
    Case T-202/09.

    European Court Reports 2011 II-00098*

    ECLI identifier: ECLI:EU:T:2011:168

    Date of document:
    13/04/2011
    Date lodged:
    25/05/2009
    Author:
    General Court
    Country or organisation from which the request originates:
    Germany
    Form:
    Judgment
    Additional information:
    POURVOI C-307/11 P
    Authentic language:
    German
    Type of procedure:
    Action for annulment - unfounded
    Judge-Rapporteur:
    Prek
    Treaty:
    Treaty on the Functioning of the European Union
    Link
    Select all documents mentioning this document
    Affected by case:
    Instruments cited in case law:





    Judgment of the General Court (Seventh Chamber) of 13 April 2011 – Deichmann v OHIM (Representation of a chevron with perforated border)

    (Case T-202/09)

    Community trade mark – International registration designating the European Community – Figurative mark representing a chevron with perforated border – Absolute ground for refusal – Absence of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)

    1.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Mark consisting in the representation of one of the elements constituting the product – Distinctive character – Criteria for assessment (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 40-41)

    2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 28, 34-35, 54)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 April 2009 (Case R 224/2007-4) concerning an international registration designating the European Community of a figurative mark representing a chevron with perforated border.

    Information relating to the case

    Mark concerned:

    Figurative mark representing a chevron with perforated border for goods in Classes 10 and 25 (International Registration designating the European Community, No W00881226)

    Decision of the examiner:

    Protection refused

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

     

    1.Dismisses the action;

    2.

    Orders Deichmann SE to pay the costs.

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