Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Second Chamber) of 23 November 2011 – Geemarc Telecom v OHIM – Audioline (AMPLIDECT)**

**(Case T-59/10)**

Community trade mark – Invalidity proceedings – Community word mark AMPLIDECT – Absolute grounds for refusal – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 – Descriptive character – No distinctive character – Acquisition of distinctive character through use – Evidence

Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Registration contrary to Article 7(1)(b) and (c) of Regulation No 207/2009 – Exception – Acquisition of distinctive character through use (Council Regulation No 207/2009, Arts 7(1)(b) and (c), and 52(1)(a)) (see
paras 34-35, 67, 69, 81)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 November 2009 (Case R 913/2009-2), relating to invalidity proceedings between Audioline GmbH and Geemarc Telecom International Ltd. |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Geemarc Telecom International Ltd to pay the costs. |

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