Source: EURLEX
Language: en
Format: md

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| 24.11.2007 | EN | Official Journal of the European Union | C 283/26 |

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Judgment of the Court of First Instance of 10 October 2007 — Bang & Olufsen v OHIM (Shape of a loudspeaker)

(Case T-460/05)[(1)](#ntr1-C_2007283EN.01002601-E0001)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a loudspeaker - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2007/C 283/46)

Language of the case: English

Parties

Applicant: Bang & Olufsen A/S (Struer, Denmark) (represented by: K. Wallberg, lawyer)

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

Re:

Action against the decision of the First Board of Appeal of OHIM of 22 September 2005 (Case R 497/2005-1) concerning an application for registration as a Community trade mark of a three-dimensional sign formed by the shape of a loudspeaker.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 September 2005 (Case R 497/2005-1); |

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| 2. | Orders OHIM to bear its own costs and to pay those of Bang & Olufsen A/S. |

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