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Document 62008TA0191
Case T-191/08: Judgment of the Court of First Instance of 30 September 2009 — JOOP! v OHIM (Representation of an exclamation mark in a rectangle) (Community trade mark — Application for registration of a figurative Community trade mark representing an exclamation mark in a rectangle — Absolute ground for refusal — No distinctive character — No distinctive character acquired through use — Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 207/2009)
Case T-191/08: Judgment of the Court of First Instance of 30 September 2009 — JOOP! v OHIM (Representation of an exclamation mark in a rectangle) (Community trade mark — Application for registration of a figurative Community trade mark representing an exclamation mark in a rectangle — Absolute ground for refusal — No distinctive character — No distinctive character acquired through use — Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 207/2009)
Case T-191/08: Judgment of the Court of First Instance of 30 September 2009 — JOOP! v OHIM (Representation of an exclamation mark in a rectangle) (Community trade mark — Application for registration of a figurative Community trade mark representing an exclamation mark in a rectangle — Absolute ground for refusal — No distinctive character — No distinctive character acquired through use — Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 207/2009)
IO C 282, 21.11.2009, p. 45–45
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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21.11.2009 |
EN |
Official Journal of the European Union |
C 282/45 |
Judgment of the Court of First Instance of 30 September 2009 — JOOP! v OHIM (Representation of an exclamation mark in a rectangle)
(Case T-191/08) (1)
(Community trade mark - Application for registration of a figurative Community trade mark representing an exclamation mark in a rectangle - Absolute ground for refusal - No distinctive character - No distinctive character acquired through use - Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 207/2009)
2009/C 282/85
Language of the case: German
Parties
Applicant: JOOP! GmbH (Hamburg, Germany) (represented by: H. Schmidt-Hollburg, W. Möllering, A. Löhde, H. Leo, A. Witte, T. Frank, A. Theil, H-P. Rühland, B. Willers and T. Rein, 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 6 March 2008 (Case R 1822/2007-1) relating to an application for registration of a figurative sign 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 JOOP! GmbH to pay the costs. |