Source: EURLEX
Language: en
Format: md

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| 5.6.2010 | EN | Official Journal of the European Union | C 148/29 |

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Judgment of the General Court of 21 April 2010 — Schunk v OHIM (Presentation of part of a chuck)

(Case T-7/09)[(1)](#ntr1-C_2010148EN.01002902-E0001)

(Community trade mark - Application for a Community trade mark in the form of a presentation of part of a chuck with three grooves - Absolute ground for refusal - Lack of distinctive character - Lack of distinctive character acquired by use - Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) of Regulation (EC) No 207/2009))

2010/C 148/52

Language of the case: German

Parties

Applicant: Schunk GmbH & Co KG Spann- und Greiftechnik (Lauffen am Neckar, Germany) (represented by: C. Koppe-Zagouras, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 31 October 2008 (Case R 1109/2007-1) concerning the registration of the sign in the form of a presentation of part of a chuck with three grooves as a Community trade mark.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Schunk GmbH & Co KG Spann- und Greiftechnik to pay the costs. |

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