Source: EURLEX
Language: en
Format: md

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| 1.8.2009 | EN | Official Journal of the European Union | C 180/48 |

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Judgment of the Court of First Instance of 11 June 2009 — Baldesberger v OHIM (Shape of tweezers)

(Case T-78/08)[(1)](#ntr1-C_2009180EN.01004802-E0001)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of tweezers - 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 180/89

Language of the case: German

Parties

Applicant: Fides B. Baldesberger (represented by: F. Nielsen, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 December 2007 (Case R 1405/2007-4) regarding an application for registration of a three-dimensional sign in the shape of tweezers 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 Ms Fides B. Baldesberger to pay the costs. |

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