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4.7.2009 |
EN |
Official Journal of the European Union |
C 153/39 |
Order of the Court of First Instance of 28 April 2009 — Tailor v OHIM (Representation of a left pocket)
(Case T-282/07) (1)
(Community trade mark - Application for Community figurative mark representing a left pocket - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Action manifestly devoid of any legal basis)
2009/C 153/75
Language of the case: German
Parties
Applicant: Tom Tailor GmbH (Hamburg, Germany) (represented by: S.O. Gillert, K. Vanden Bossche and F. Schiwek, lawyers)
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 First Board of Appeal of OHIM of 15 May 2007 (Case R 669/2006-1), concerning registration as a Community trade mark of a figurative sign representing a left pocket.
Operative part of the judgment
The Court:
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1. |
Dismisses the action as manifestly devoid of any legal basis; |
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2. |
Orders Tom Tailor GmbH to pay the costs. |