Source: EURLEX
Language: en
Format: md

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| 20.6.2009 | EN | Official Journal of the European Union | C 141/38 |

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Judgment of the Court of First Instance of 29 April 2009 — BORCO-Marken-Import Matthiesen v OHIM (α)

(Case T-23/07)[(1)](#ntr1-C_2009141EN.01003803-E0001)

(Community trade mark - Application for the Community figurative mark α - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

2009/C 141/78

Language of the case: German

Parties

Applicant: BORCO-Marken-Import Matthiesen GmbH & Co. KG (Hamburg, Germany) (represented by: M. Wolter, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 November 2006 (Case R 808/2006-4), concerning the registration as a Community trade mark of the figurative sign α

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 November 2006 (Case R 808/2006-4); |

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| 2. | Declares that there is no need to adjudicate on the second head of claim of BORCO-Marken-Import Matthiesen GmbH & Co. KG; |

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| 3. | Orders OHIM to pay the costs. |

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