Source: EURLEX
Language: en
Format: md

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| 30.11.2015 | EN | Official Journal of the European Union | C 398/38 |

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Judgment of the General Court of 7 October 2015 — The Smiley Company v OHIM (Shape of a smiley with heart-shaped eyes)

(Case T-656/13)[(1)](#ntr1-C_2015398EN.01003801-E0001)

((Community trade mark - Application for a three-dimensional Community trade mark - Shape of a smiley with heart-shaped eyes - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 398/48)

Language of the case: English

Parties

Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Freitag and C. Albrecht, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 October 2013 (Case R 997/2013-4) concerning an application for registration as a Community trade mark of a three-dimensional sign comprising the shape of a smiley with heart-shaped eyes.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders The Smiley Company SPRL to pay the costs. |

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