Source: EURLEX
Language: en
Format: md

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| 16.3.2013 | EN | Official Journal of the European Union | C 79/15 |

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Judgment of the General Court of 6 February 2013 — Bopp v OHIM (Representation of a green octagonal frame)

(Case T-263/11)[(1)](#ntr1-C_2013079EN.01001501-E0001)

(Community trade mark - Application for a Community figurative mark representing a green octagonal frame - Absolute ground for refusal - Distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Offer of evidence submitted for the first time in the reply - Article 48(1) of the Rules of Procedure of the General Court - Document sent to OHIM by fax - Applicable rules)

2013/C 79/26

Language of the case: German

Parties

Applicant: Carsten Bopp (Glashütten, Germany) (represented by: C. Russ, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel and D. Walicka initially, then by K. Klüpfel and A. Pohlmann, Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 March 2011 (Case R 605/2010-4), concerning an application for registration as a Community trade mark of a figurative sign representing a green octagonal frame.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 March 2011 (Case R 605/2010-4); |

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| 2. | Orders OHIM to pay the costs. |

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