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Document 62014TA0244
Case T-244/14: Judgment of the General Court of 7 October 2015 — The Smiley Company v OHIM (Shape of a face in the form of a star) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a face in the form of a star — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
Case T-244/14: Judgment of the General Court of 7 October 2015 — The Smiley Company v OHIM (Shape of a face in the form of a star) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a face in the form of a star — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
Case T-244/14: Judgment of the General Court of 7 October 2015 — The Smiley Company v OHIM (Shape of a face in the form of a star) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a face in the form of a star — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
IO C 398, 30.11.2015, p. 50–51
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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30.11.2015 |
EN |
Official Journal of the European Union |
C 398/50 |
Judgment of the General Court of 7 October 2015 — The Smiley Company v OHIM (Shape of a face in the form of a star)
(Case T-244/14) (1)
((Community trade mark - Application for a three-dimensional Community trade mark - Shape of a face in the form of a star - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2015/C 398/63)
Language of the case: English
Parties
Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Freitag and C. Albrecht, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos and A. Folliard-Monguiral, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 16 January 2014 (Case R 838/2013-1) concerning an application for registration as a Community trade mark of a three-dimensional sign comprising the shape of a face in the form of a star.
Operative part of the judgment
The Court:
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1. |
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 January 2014 (Case R 838/2013-1) with regard to the refusal to register the mark applied for in respect of ‘preserved, frozen, dried and cooked fruits and vegetables; milk products’; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders the parties to bear their own costs. |