Source: EURLEX
Language: en
Format: md

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| 4.7.2009 | EN | Official Journal of the European Union | C 153/39 |

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Order of the Court of First Instance of 28 April 2009 — Tailor v OHIM (Representation of a right pocket)

(Case T-283/07)[(1)](#ntr1-C_2009153EN.01003902-E0001)

(Community trade mark - Application for Community figurative mark representing a right pocket - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Action manifestly devoid of any legal basis)

2009/C 153/76

Language of the case: German

Parties

Applicant: Tom Tailor GmbH (Hamburg, Germany) (represented by: S.O. Gillert, K. Vanden Bossche and F. Schiwek, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 May 2007 (Case R 668/2006-1), concerning registration as a Community trade mark of a figurative sign representing a right pocket.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action as manifestly devoid of any legal basis; |

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| 2. | Orders Tom Tailor GmbH to pay the costs. |

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