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Document 62007TA0449

    Case T-449/07: Judgment of the Court of First Instance of 5 May 2009 — Rotter v OHIM (Shape of an arrangement of sausages) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of an arrangement of sausages — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)

    SL C 141, 20.6.2009, p. 39–39 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    20.6.2009   

    EN

    Official Journal of the European Union

    C 141/39


    Judgment of the Court of First Instance of 5 May 2009 — Rotter v OHIM (Shape of an arrangement of sausages)

    (Case T-449/07) (1)

    (Community trade mark - Application for a three-dimensional Community trade mark - Shape of an arrangement of sausages - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

    2009/C 141/80

    Language of the case: German

    Parties

    Applicant: Thomas Rotter (Munich, Germany) (represented by: M. Müller, lawyer)

    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 Fourth Board of Appeal of OHIM of 27 September 2007 (Case R 1415/2006-4) relating to the registration of a three-dimensional sign representing an arrangement of sausages as a Community trade mark.

    Operative part of the judgment

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Mr Thomas Rotter to pay the costs.


    (1)  OJ C 37, 9.2.2008.


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