Source: EURLEX
Language: en
Format: md

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| 21.11.2009 | EN | Official Journal of the European Union | C 282/43 |

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Judgment of the Court of First Instance of 30 September 2009 — JOOP! v OHIM (!)

(Case T-75/08)[(1)](#ntr1-C_2009282EN.01004302-E0001)

(Community trade mark - Application for registration of a figurative Community trade mark representing an exclamation mark - Absolute ground for refusal - No distinctive character - No distinctive character acquired through use - Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 207/2009)

2009/C 282/81

Language of the case: German

Parties

Applicant: JOOP! GmbH (Hamburg, Germany) (represented by: H. Schmidt-Hollburg, W. Möllering, A. Löhde, H. Leo, A. Witte, T. Frank, A. Theil, H.-P. Rühland, B. Willers and T. Rein, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 November 2007 (Case R 1134/2007-1) relating to an application for registration of a figurative sign as a Community trade mark.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders JOOP! GmbH to pay the costs. |

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