Source: EURLEX
Language: en
Format: md

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| 23.10.2010 | EN | Official Journal of the European Union | C 288/35 |

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Judgment of the General Court of 8 September 2010 — Wilfer v OHIM (Representation of the head of a guitar)

(Case T-458/08) [(1)](#ntr1-C_2010288EN.01003502-E0001)

(Community trade mark - Application for a Community figurative mark representing the head of a guitar in silver, grey and brown - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Examination of the facts of its own motion - Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009) - Obligation to state reasons - The first sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009) - Equal treatment)

(2010/C 288/67)

Language of the case: German

Parties

Applicant: Hans-Peter Wilfer (Markeneukirchen, Germany) (represented by: A. Kockläuner, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 July 2008 (Case R 78/2007-4), concerning the registration as a Community trade mark of the figurative sign representing the head of a guitar in the colours silver, grey and brown.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Hans-Peter Wilfer to pay the costs. |

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