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Document 62009TJ0012

    Judgment of the General Court (Eighth Chamber) of 7 April 2011.
    Alexander Gruber v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for Community word mark Run the globe - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009).
    Case T-12/09.

    European Court Reports 2011 II-00080*

    ECLI identifier: ECLI:EU:T:2011:145





    Judgment of the General Court (Eighth Chamber) of 7 April 2011 – Gruber v OHIM (Run the globe)

    (Case T-12/09)

    Community trade mark – Application for Community word mark Run the globe – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)

    Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 20, 24-27)

    Re:

    ACTION brought against the decision of the First Board of Appeal of OHIM of 6 November 2008 (Case R 1779/2007-1) concerning a request for registration of the word sign Run the globe as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    Alexander Gruber

    Community trade mark sought:

    Word mark Run the globe for services in Class 41 – Application No 5154521

    Decision of the examiner:

    Registration refused

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Mr Alexander Gruber to pay the costs.

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