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Document 62009TA0007

    Case T-7/09: Judgment of the General Court of 21 April 2010 — Schunk v OHIM (Presentation of part of a chuck) (Community trade mark — Application for a Community trade mark in the form of a presentation of part of a chuck with three grooves — Absolute ground for refusal — Lack of distinctive character — Lack of distinctive character acquired by use — Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) of Regulation (EC) No 207/2009))

    SL C 148, 5.6.2010, p. 29–29 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    5.6.2010   

    EN

    Official Journal of the European Union

    C 148/29


    Judgment of the General Court of 21 April 2010 — Schunk v OHIM (Presentation of part of a chuck)

    (Case T-7/09) (1)

    (Community trade mark - Application for a Community trade mark in the form of a presentation of part of a chuck with three grooves - Absolute ground for refusal - Lack of distinctive character - Lack of distinctive character acquired by use - Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) of Regulation (EC) No 207/2009))

    2010/C 148/52

    Language of the case: German

    Parties

    Applicant: Schunk GmbH & Co KG Spann- und Greiftechnik (Lauffen am Neckar, Germany) (represented by: C. Koppe-Zagouras, lawyer)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, Agent)

    Re:

    Action brought against the decision of the First Board of Appeal of OHIM of 31 October 2008 (Case R 1109/2007-1) concerning the registration of the sign in the form of a presentation of part of a chuck with three grooves as a Community trade mark.

    Operative part of the judgment

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Schunk GmbH & Co KG Spann- und Greiftechnik to pay the costs.


    (1)  OJ C 69, 21.3.2009.


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