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Document 62011TA0025

    Case T-25/11: Judgment of the General Court of 29 January 2013 — Germans Boada v OHIM (Manual tile-cutting machine) (Community trade mark — Application for a Community three-dimensional mark — Manual tile-cutting machine — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Lack of distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 — Obligation to state reasons — Articles 75 and 76 of Regulation No 207/2009 — Equal treatment)

    SL C 71, 9.3.2013, p. 16–17 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    9.3.2013   

    EN

    Official Journal of the European Union

    C 71/16


    Judgment of the General Court of 29 January 2013 — Germans Boada v OHIM (Manual tile-cutting machine)

    (Case T-25/11) (1)

    (Community trade mark - Application for a Community three-dimensional mark - Manual tile-cutting machine - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 207/2009 - Obligation to state reasons - Articles 75 and 76 of Regulation No 207/2009 - Equal treatment)

    2013/C 71/24

    Language of the case: Spanish

    Parties

    Applicant: Germans Boada, SA (Rubí, Spain) (represented by: J. Carbonell Callicó, lawyer)

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

    Re:

    Action brought against the decision of the First Board of Appeal of OHIM of 28 October 2010 (Case R 771/2010-1), relating to an application for registration of the three-dimensional sign representing a manual tile-cutting machine as a Community trade mark

    Operative part of the judgment

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Germans Boada, SA to pay the costs.


    (1)  OJ C 80, 12.3.2011.


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