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Document 62007TA0152

    Case T-152/07: Judgment of the Court of First Instance of 14 September 2009 — Lange Uhren v OHIM (Geometric shapes on a watch-face) (Community trade mark — Application for a Community figurative mark — Geometric shapes on a watch-face — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) — Lack of distinctive character acquired through use — Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009)

    IO C 256, 24.10.2009, p. 24–24 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    24.10.2009   

    EN

    Official Journal of the European Union

    C 256/24


    Judgment of the Court of First Instance of 14 September 2009 — Lange Uhren v OHIM (Geometric shapes on a watch-face)

    (Case T-152/07) (1)

    (Community trade mark - Application for a Community figurative mark - Geometric shapes on a watch-face - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009)

    2009/C 256/43

    Language of the case: German

    Parties

    Applicant: Lange Uhren GmbH (Glashütte, Germany) (represented by: M. Schaeffer, lawyer)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Kicia, acting as Agent)

    Re:

    Action brought against the decision of the First Board of Appeal of OHIM of 15 February 2007 (Case R 1176/2005-1) concerning an application for registration as a Community trade mark of a figurative sign representing geometric shapes on a watch-face.

    Operative part of the judgment

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Lange Uhren GmbH to pay the costs.


    (1)  OJ C 155, 7.7.2007.


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