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Document 62008TJ0385

    Judgment of the General Court (Fifth Chamber) of 8 July 2010.
    Nadine Trautwein Rolf Trautwein GbR, Research and Development v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for a Community figurative mark representing a dog - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009).
    Case T-385/08.

    European Court Reports 2010 II-00138*

    ECLI identifier: ECLI:EU:T:2010:295





    Judgment of the General Court (Fifth Chamber) of 8 July 2010 – Trautwein v OHIM (Representation of a dog)

    (Case T-385/08)

    Community trade mark – Application for a Community figurative mark representing a dog – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now 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 40/94, Art. 7(1)(c)) (see paras 23, 27-30)

    Re:

    ACTION brought against the decision of 30 June 2008 of the First Board of Appeal of OHIM (Case R 1734/2007-1) concerning an application for registration as a Community trade mark of a figurative sign representing a dog.

    Information relating to the case

    Applicant for the Community trade mark:

    Nadine Trautwein Rolf Trautwein GbR, Research and Development

    Community trade mark sought:

    Representation of a dog for goods in Classes 18, 25 and 31 – Application No 4829321

    Decision of the examiner:

    Registration refused

    Decision of the Board of Appeal:

    Annulment of the contested decision as regards ‘clothing, footwear and headgear; belts’ in Class 25


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs.

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