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Document 62009TA0253

Joined Cases T-253/09 and T-254/09: Judgment of the General Court of 9 December 2010 — Wilo v OHIM (Faceted casing of an electric motor and representation of green facets) (Community trade mark — Application for a three-dimensional Community trade mark — Faceted casing of an electric motor — Application for a Community trade mark representing green facets — Absolute grounds 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))

OJ C 30, 29.1.2011, p. 37–37 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

29.1.2011   

EN

Official Journal of the European Union

C 30/37


Judgment of the General Court of 9 December 2010 — Wilo v OHIM (Faceted casing of an electric motor and representation of green facets)

(Joined Cases T-253/09 and T-254/09) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Faceted casing of an electric motor - Application for a Community trade mark representing green facets - Absolute grounds 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))

2011/C 30/66

Language of the case: German

Parties

Applicant: Wilo SE (Dortmund, Germany) (represented by: G. Braun, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt and P. Quay, agents)

Re:

Two actions brought against the decisions of the First Board of Appeal of OHIM of 30 March 2009 (Cases R 1184/2008-1 and R 1196/2008-1) concerning applications for registration of a three-dimensional sign consisting of the shape of faceted casing of an electric motor and a figurative sign representing green facets.

Operative part of the judgment

The Court:

1.

Dismisses the action.

2.

Orders Wilo SE to pay the costs.


(1)  OJ C 205, 29.8.2009.


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