Source: EURLEX
Language: en
Format: md

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| 20.7.2015 | EN | Official Journal of the European Union | C 236/40 |

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Judgment of the General Court of 4 June 2015 — Deluxe Laboratories v OHIM (deluxe)

(Case T-222/14)[(1)](#ntr1-C_2015236EN.01004001-E0001)

((Community trade mark - Application for figurative Community mark deluxe - Absolute grounds for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009 - Lack of descriptiveness - Article 7(1)(c) of Regulation No 207/2009 - Lack of distinctiveness acquired through use - Article 7(3) of Regulation No 207/2009 - Duty to state reasons - Article 75 of Regulation No 207/2009))

(2015/C 236/53)

Language of the case: Spanish

Parties

Applicant: Deluxe Laboratories, Inc. (Burbank, California, United States) (represented by: S. Serrat Viñas, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Palmero Cabezas, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 22 January 2014 (Case R 1250/2013-2) concerning an application for registration of the figurative sign deluxe 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 22 January 2014 (Case R 1250/2013-2); |

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| 2. | Orders OHIM to pay the costs. |

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