Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 3.7.2010 | EN | Official Journal of the European Union | C 179/36 |

---

Judgment of the General Court of 19 May 2010 — Zeta Europe v OHIM (Superleggera)

(Case T-464/08) [(1)](#ntr1-C_2010179EN.01003602-E0001)

(Community trade mark - Application for the figurative Community trade mark Superleggera - 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) - Examination of the facts of its own motion - Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009) - Obligation to state reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009))

(2010/C 179/62)

Language of the case: Italian

Parties

Applicant: Zeta Europe BV (Arnhem, Netherlands) (represented by: V. Bilardo, C. Bacchini and M. Mazzitelli, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Sempio and O. Montalto, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 17 July 2008 (Case R 666/2008-1), concerning an application for the registration of the figurative sign Superleggera as a Community trade mark

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Dismisses the action; |

|  |  |
| --- | --- |
| 2. | Orders Zeta Europe BV to pay the costs. |

---

---

[Top](#document1)