Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 9.3.2013 | EN | Official Journal of the European Union | C 71/16 |

---

Judgment of the General Court of 29 January 2013 — Germans Boada v OHIM (Manual tile-cutting machine)

(Case T-25/11)[(1)](#ntr1-C_2013071EN.01001602-E0001)

(Community trade mark - Application for a Community three-dimensional mark - Manual tile-cutting machine - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 207/2009 - Obligation to state reasons - Articles 75 and 76 of Regulation No 207/2009 - Equal treatment)

2013/C 71/24

Language of the case: Spanish

Parties

Applicant: Germans Boada, SA (Rubí, Spain) (represented by: J. Carbonell Callicó, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 October 2010 (Case R 771/2010-1), relating to an application for registration of the three-dimensional sign representing a manual tile-cutting machine as a Community trade mark

Operative part of the judgment

The Court:

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

|  |  |
| --- | --- |
| 2. | Orders Germans Boada, SA to pay the costs. |

---

[Top](#document1)