Source: EURLEX
Language: en
Format: md

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| 10.8.2015 | EN | Official Journal of the European Union | C 262/22 |

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Judgment of the General Court of 16 June 2015 — Gako Konietzko v OHIM (Shape of a cylindrical container in red and white)

(Case T-654/13)[(1)](#ntr1-C_2015262EN.01002201-E0001)

((Community trade mark - Application for three-dimensional Community trade mark - Shape of a cylindrical container in red and white - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 262/28)

Language of the case: German

Parties

Applicant: Gako Konietzko GmbH (Bamberg, Germany) (represented by: S. Reinhardt, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 September 2013 (Case R 2232/2012-1), concerning an application for registration of a three-dimensional sign consisting of the shape of a cylindrical container in red and white as a Community trade mark.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Gako Konietzko GmbH to pay the costs. |

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