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20.6.2009 |
EN |
Official Journal of the European Union |
C 141/39 |
Judgment of the Court of First Instance of 5 May 2009 — Rotter v OHIM (Shape of an arrangement of sausages)
(Case T-449/07) (1)
(Community trade mark - Application for a three-dimensional Community trade mark - Shape of an arrangement of sausages - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)
2009/C 141/80
Language of the case: German
Parties
Applicant: Thomas Rotter (Munich, Germany) (represented by: M. Müller, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 27 September 2007 (Case R 1415/2006-4) relating to the registration of a three-dimensional sign representing an arrangement of sausages as a Community trade mark.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Mr Thomas Rotter to pay the costs. |