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Document 62008TA0508

    Case T-508/08: Judgment of the General Court of 6 October 2011 — Bang & Olufsen v OHIM (Representation of a loudspeaker) (Community trade mark — Application for a three-dimensional Community trade mark — Representation of a loudspeaker — Compliance by OHIM with a judgment annulling a decision of one of its Boards of Appeal — Article 63(6) of Regulation (EC) No 40/94 (now Article 65(6) of Regulation (EC) No 207/2009) — Absolute ground for refusal — Sign which consists exclusively of the shape which gives substantial value to the goods — Article 7(1)(e)(iii) of Regulation No 40/94 (now Article 7(1)(e)(iii) of Regulation No 207/2009))

    SL C 340, 19.11.2011, p. 16–16 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    19.11.2011   

    EN

    Official Journal of the European Union

    C 340/16


    Judgment of the General Court of 6 October 2011 — Bang & Olufsen v OHIM (Representation of a loudspeaker)

    (Case T-508/08) (1)

    (Community trade mark - Application for a three-dimensional Community trade mark - Representation of a loudspeaker - Compliance by OHIM with a judgment annulling a decision of one of its Boards of Appeal - Article 63(6) of Regulation (EC) No 40/94 (now Article 65(6) of Regulation (EC) No 207/2009) - Absolute ground for refusal - Sign which consists exclusively of the shape which gives substantial value to the goods - Article 7(1)(e)(iii) of Regulation No 40/94 (now Article 7(1)(e)(iii) of Regulation No 207/2009))

    2011/C 340/31

    Language of the case: English

    Parties

    Applicant: Bang & Olufsen A/S (Struer, Denmark) (represented: initially by K. Wallberg and subsequently by J. Glaesel, lawyers)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis and G. Schneider, Agents)

    Re:

    ACTION brought against the decision of the First Board of Appeal of OHIM of 10 September 2008 (Case R 497/2005-1), concerning an application to register a three-dimensional sign representing a loudspeaker as a Community trade mark.

    Operative part of the judgment

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Bang & Olufsen A/S to pay the costs.


    (1)  OJ C 19, 24.1.2009.


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