Source: EURLEX
Language: en
Format: md

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| 30.11.2015 | EN | Official Journal of the European Union | C 398/49 |

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Judgment of the General Court of 7 October 2015 — The Smiley Company v OHIM (Shape of a face)

(Case T-243/14)[(1)](#ntr1-C_2015398EN.01004901-E0001)

((Community trade mark - Application for a three-dimensional Community trade mark - Shape of a face - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 398/62)

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 First Board of Appeal of OHIM of 16 January 2014 (Case R 837/2013-1) concerning an application for registration as a Community trade mark of a three-dimensional sign comprising the shape of a face.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 January 2014 (Case R 837/2013-1) with regard to the refusal to register the mark applied for in respect of ‘preserved, frozen, dried and cooked fruits and vegetables; milk products’; |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders the parties to bear their own costs. |

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