Judgment — ECLI:EU:T:2010:410
Date: 2010-09-28
Language of the case: English
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Portugal

Judgment of the General Court (First Chamber) of 28 September 2010 – Rosenruist v OHIM (Representation of two curves on a pocket) (Case T-388/09) Community trade mark – Application for Community figurative mark representing two curves on a pocket – Absolute ground for refusal – Lack of distinctive character – 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 any distinctive character (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 15, 27) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Case R 237/2009-2), concerning an application for registration as a Community trade mark of a figurative sign representing two curves on a pocket. Information relating to the case Applicant for the Community trade mark: Rosenruist – Gestão e serviços, Lda Community trade mark sought: Figurative mark representing two curves crossed at one point inserted on a pocket for goods and services in Classes 18 and 25 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Rosenruist – Gestão e serviços, Lda to pay the costs.