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Document 62009TJ0497

    Judgment of the General Court (Second Chamber) of 16 December 2010.
    LG Electronics, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for Community word mark KOMPRESSOR PLUS - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009.
    Case T-497/09.

    European Court Reports 2010 II-00287*

    ECLI identifier: ECLI:EU:T:2010:540





    Judgment of the General Court (Second Chamber) of 16 December 2010 – LG Electronics v OHIM (KOMPRESSOR PLUS)

    (Case T-497/09)

    Community trade mark – Application for Community word mark KOMPRESSOR PLUS – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009

    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 14, 18-21)

    Re:

    ACTION brought against the decision of the First Board of Appeal of OHIM of 23 September 2009 (Case R 397/2009-1), relating to an application for registration as a Community trade mark of the word sign KOMPRESSOR PLUS.

    Information relating to the case

    Applicant for the Community trade mark:

    LG Electronics, Inc.

    Community trade mark sought:

    Word mark KOMPRESSOR PLUS for goods in Class 7 – Application No 7282924

    Decision of the examiner:

    Registration refused

    Decision of the Board of Appeal:

    Appeal partially dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders LG Electronics, Inc. to pay the costs.

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