Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Fifth Chamber) of 8 July 2010 – Trautwein v OHIM (Representation of a horse)**

**(Case T-386/08)**

Community trade mark – Application for a Community figurative mark representing a horse – 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, 34-36, 38-40, 42)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of 7 July 2008 of the First Board of Appeal of OHIM (Case R 1730/2007-1) concerning an application for registration as a Community trade mark of a figurative sign representing a horse. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Nadine Trautwein Rolf Trautwein GbR, Research and Development |
| Community trade mark sought: | Representation of a horse for goods in Classes 18, 25 and 31 – Application No 4829354 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs. |

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