Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Third Chamber) of 25 May 2011 – Prinz von Hannover v OHIM (Representation of a coat of arms)**

**(Case T-397/09)**

Community trade mark – Application for Community figurative mark representing a coat of arms – Absolute ground for refusal – Imitation from a heraldic point of view of the symbol of a State– Article 7(1)(h) of Regulation (EC) No 207/2009 – Article 6ter of the Paris Convention

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Trade marks to be refused under the Paris Convention – Protection of emblems of States and international organisations (Council Regulation No 207/2009, Art. 7(1)(h)) (see paras
24-25,29-30)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R 1361/2008-1) concerning an application for registration as a Community trade mark of a figurative sign representing the coat of arms of the house of Hanover. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg |
| Community trade mark sought: | Figurative mark representing coats of arms for goods and services in Classes 16, 25, 28, 32, 33, 35, 39, 41 and 43 –Application No 5627245 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg to pay the costs. |

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