Source: EURLEX
Language: en
Format: md

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| 14.4.2007 | EN | Official Journal of the European Union | C 82/37 |

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Judgment of the Court of First Instance of 7 February 2007 — Kustom Musical Amplification v OHIM (Shape of a guitar)

(Case T-317/05)[(1)](#ntr1-C_2007082EN.01003701-E0001)

(Community trade mark - Three-dimensional mark - Shape of a guitar - Absolute ground for refusal - Infringement of the rights of the defence - Statement of reasons - Article 73 of Regulation (EC) No 40/94)

(2007/C 82/81)

Language of the case: English

Parties

Applicant: Kustom Musical Amplification Inc., (Cincinnati, Ohio, United States) (represented by: M. Edenborough, Barrister, and T. Bamford, Solicitor)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 June 2005 (Case R 1035/2004-2) concerning an application for registration of a three-dimensional mark in the shape of a guitar as a Community trade mark.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 June 2005 (Case R 1035/2004-2); |

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| 2. | Orders OHIM to bear its own costs and to pay those incurred by the applicant. |

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