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Document 62009TJ0064

    Judgment of the General Court (Eighth Chamber) of 8 September 2010.
    Micro Shaping Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for Community figurative mark packaging - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009).
    Case T-64/09.

    European Court Reports 2010 II-00171*

    ECLI identifier: ECLI:EU:T:2010:360





    Judgment of the General Court (Eighth Chamber) of 8 September 2010 – Micro Shaping v OHIM (packaging)

    (Case T-64/09)

    Community trade mark – Application for Community figurative mark packaging – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

    Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 30-31, 44-45)

    Re:

    ACTION brought against the decision of the First Board of Appeal of OHIM of 11 December 2008 (Case R 1063/2008-1), concerning an application for registration of the figurative sign packaging as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    Micro Shaping Ltd

    Community trade mark sought:

    Figurative mark packaging for goods and services in Classes 16, 17 and 42 – Application No 6354311

    Decision of the Opposition Division:

    Registration partially refused

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Micro Shaping Ltd to pay the costs.

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