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Document 62011TJ0328

    Judgment of the General Court (Fourth Chamber) of 24 April 2012.
    Leifheit AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for Community word mark EcoPerfect - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009.
    Case T-328/11.

    Thuarascálacha na Cúirte Eorpaí 2012 -00000

    ECLI identifier: ECLI:EU:T:2012:197





    Judgment of the General Court (Fourth Chamber) of 24 April 2012 — Leifheit v OHIM (EcoPerfect)

    (Case T-328/11)

    Community trade mark — Application for Community word mark EcoPerfect — Absolute grounds 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 20, 35, 49, 58, 63)

    Re:

    ACTION brought against the decision of the First Board of Appeal of OHIM of 31 March 2011 (Case R 1658/2010‑1) concerning an application for registration of the word sign EcoPerfect as a Community trade mark.

    Operative part

    The Court:

    1.

    Dismisses the application;

    2.

    Orders Leifheit AG to pay the costs.

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