Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (First Chamber) of 28 September 2010 – Rosenruist v OHIM (Representation of two curves on a
pocket)**

**(Case T-388/09)**

Community trade mark – Application for Community figurative mark representing two curves on a pocket – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 15, 27)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Case R 237/2009-2), concerning an application for registration as a Community trade mark of a figurative sign representing two curves on a pocket. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Rosenruist – Gestão e serviços, Lda |
| Community trade mark sought: | Figurative mark representing two curves crossed at one point inserted on a pocket for goods and services in Classes 18 and 25 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Rosenruist – Gestão e serviços, Lda to pay the costs. |

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