Source: EURLEX
Language: en
Format: md

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| 7.11.2009 | EN | Official Journal of the European Union | C 267/60 |

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Judgment of the Court of First Instance of 23 September 2009 — France Télécom v OHIM (UNIQUE)

(Case T-396/07)[(1)](#ntr1-C_2009267EN.01006003-E0001)

(Community trade mark - Application for the Community word mark UNIQUE - 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)

2009/C 267/106

Language of the case: French

Parties

Applicant: France Télécom (Paris, France) (represented by: B. Potot and C. Bertheux Scotte, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 585/2007-2) concerning an application for registration of the word sign UNIQUE 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 France Télécom to pay the costs. |

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