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Document 62011CB0307

Case C-307/11 P: Order of the Court (Fifth Chamber) of 26 April 2012 — Deichmann SE v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(b) — Absolute ground for refusal — Lack of distinctive character — Figurative sign representing a chevron edged with dotted lines)

IO C 258, 25.8.2012, p. 8–8 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

25.8.2012   

EN

Official Journal of the European Union

C 258/8


Order of the Court (Fifth Chamber) of 26 April 2012 — Deichmann SE v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-307/11 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(b) - Absolute ground for refusal - Lack of distinctive character - Figurative sign representing a chevron edged with dotted lines)

2012/C 258/13

Language of the case: German

Parties

Appellant: Deichmann SE (represented by: O. Rauscher, lawyer)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel, acting as Agent)

Re:

Appeal brought against the judgment of the General Court (Seventh Chamber) of 13 April 2011 in Case T-202/09 Deichmann SE v OHIM, by which the General Court dismissed the action for annulment of the decision of the Fourth Board of Appeal of OHIM of 3 April 2009 dismissing the appeal against the examiner’s decision, which refused registration of the figurative sign representing a chevron edged with dotted lines as a Community trade mark for certain goods in Classes 10 and 25 — Distinctive character of the mark

Operative part of the order

1.

The appeal is dismissed.

2.

Deichmann SE shall pay the costs.


(1)  OJ C 269, 10.9.2011.


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