Source: EURLEX
Language: en
Format: md

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| 27.3.2010 | EN | Official Journal of the European Union | C 80/23 |

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Judgment of the General Court of 10 February 2010 — O2 (Germany) v OHIM (Homezone)

(Case T-344/07)[(1)](#ntr1-C_2010080EN.01002302-E0001)

(Community trade mark - Application for the Community word mark Homezone - Absolute grounds for refusal - Distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

2010/C 80/40

Language of the case: German

Parties

Applicant: O2 (Germany) GmbH & Co. OHG (Munich, Germany) (represented by: A. Fottner and M. Müller, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 July 2007 (Case R 1583/2006-4), concerning an application to register the word sign Homezone as a Community trade mark

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 5 July 2007 (Case R 1583/2006-4); |

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

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