Source: EURLEX
Language: en
Format: md

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| 20.11.2010 | EN | Official Journal of the European Union | C 317/31 |

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Judgment of the General Court of 28 September 2010 — Rosenruist v OHIM (Representation of two curves on a pocket)

(Case T-388/09)[(1)](#ntr1-C_2010317EN.01003102-E0001)

(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)

2010/C 317/57

Language of the case: English

Parties

Applicant: Rosenruist — Gestão e serviços, Lda (Funchal, Portugal) (represented by: S. Rizzo and S. González Malabia, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

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.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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

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