Source: EURLEX
Language: en
Format: md

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| 7.11.2009 | EN | Official Journal of the European Union | C 267/63 |

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Judgment of the Court of First Instance of 29 September 2009 — The Smiley Company v OHIM (Representation of half a smiley smile)

(Case T-139/08)[(1)](#ntr1-C_2009267EN.01006301-E0001)

(Community trade mark - International registration designating the European Community - Figurative mark representing half a smiley smile - Absolute ground for refusal - Lack of distinctive character - Article 146(1) and Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 151(1) and Article 7(1)(b) of Regulation (EC) No 207/2009)

2009/C 267/112

Language of the case: English

Parties

Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Deutsch, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 February 2008 (R 958/2007-4) concerning the international registration, designating the European Community, of the figurative mark representing half a smiley smile

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders The Smiley Company SPRL to pay the costs, including those connected with its substitution for Mr Franklin Loufrani. |

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