Source: EURLEX
Language: en
Format: md

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| 21.7.2007 | EN | Official Journal of the European Union | C 170/23 |

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Judgment of the Court of First Instance (Fifth Chamber) of 12 June 2007 — The Sherwin-Williams Company v OHIM (TWIST & POUR)

(Case T-190/05)[(1)](#ntr1-C_2007170EN.01002301-E0001)

(Community trade mark - Application for Community word mark TWIST & POUR - Absolute ground for refusal of registration - Mark devoid of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2007/C 170/43)

Language of the case: Spanish

Parties

Applicant: The Sherwin-Williams Company (Cleveland, Ohio, United States) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 22 February 2005 (Case R 755/2004-2), relating to registration of the sign TWIST & POUR 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 the Sherwin-Williams Company to pay the costs. |

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