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Document 62009TA0388

    Case T-388/09: Judgment of the General Court of 28 September 2010 — Rosenruist v OHIM (Representation of two curves on a pocket) (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)

    OJ C 317, 20.11.2010, p. 31–31 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    20.11.2010   

    EN

    Official Journal of the European Union

    C 317/31


    Judgment of the General Court of 28 September 2010 — Rosenruist v OHIM (Representation of two curves on a pocket)

    (Case T-388/09) (1)

    (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)

    2010/C 317/57

    Language of the case: English

    Parties

    Applicant: Rosenruist — Gestão e serviços, Lda (Funchal, Portugal) (represented by: S. Rizzo and S. González Malabia, lawyers)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

    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.

    Operative part of the judgment

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Rosenruist — Gestão e serviços, Lda to pay the costs.


    (1)  OJ C 282, 21.11.2009.


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