Source: EURLEX
Language: en
Format: md

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| 28.5.2011 | EN | Official Journal of the European Union | C 160/18 |

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Judgment of the General Court of 13 April 2011 — Deichmann v OHIM (Representation of a curved band with dotted lines)

(Case T-202/09)[(1)](#ntr1-C_2011160EN.01001801-E0001)

(Community trade mark - International registration designating the European Community - Figurative mark representing a curved band with dotted lines - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))

2011/C 160/24

Language of the case: German

Parties

Applicant: Deichmann SE, formerly Heinrich Deichmann-Scuhe GmbH & Co. KG (Essen, Germany) (represented by: O. Rauscher, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 April 2009 (Case R 224/2007-4) concerning an international registration designating the European Community of a figurative mark representing a curved band with dotted lines

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Deichmann SE to pay the costs. |

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