Source: EURLEX
Language: en
Format: md

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| 14.12.2015 | EN | Official Journal of the European Union | C 414/26 |

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Judgment of the General Court of 23 October 2015 — Trekstor v OHIM — MSI Technology (MovieStation)

(Case T-636/13)[(1)](#ntr1-C_2015414EN.01002601-E0001)

((Community trade mark - Invalidity proceedings - Community word mark MovieStation - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - Article 7(1(b) and (c) of Regulation (EC) No 207/2009 - Article 52 of Regulation No 207/2009))

(2015/C 414/33)

Language of the case: German

Parties

Applicant: TrekStor Ltd (Hong Kong, China) (represented by: O. Spieker and M. Alber, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider and A. Schifko, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: MSI Technology GmbH (Frankfurt-am-Main, Germany) (represented by: T. Lieb, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 September 2013 (Case R 1914/2012-4), relating to invalidity proceedings between TrekStor Ltd and MSI Technology GmbH.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders TrekStor Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); |

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| 3. | Orders MSI Technology GmbH to bear its own costs. |

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