CELEX: 62009TJ0397
Language: en
Date: 2011-05-25 00:00:00
Title: Judgment of the General Court (Third Chamber) of 25 May 2011. # Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community figurative mark representing a coat of arms - Absolute ground for refusal - Imitation from a heraldic point of view of the symbol of a State- Article 7(1)(h) of Regulation (EC) No 207/2009 - Article 6ter of the Paris Convention. # Case T-397/09.

Judgment of the General Court (Third Chamber) of 25 May 2011 – Prinz von Hannover v OHIM (Representation of a coat of arms)
      (Case T-397/09)
      Community trade mark – Application for Community figurative mark representing a coat of arms – Absolute ground for refusal – Imitation from a heraldic point of view of the symbol of a State– Article 7(1)(h) of Regulation (EC) No 207/2009 – Article 6ter of the Paris Convention
      Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Trade marks to be refused under the Paris Convention – Protection of emblems of States and international organisations (Council Regulation No 207/2009, Art. 7(1)(h)) (see paras
         24-25,29-30)
      
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R 1361/2008-1) concerning an
                  application for registration as a Community trade mark of a figurative sign representing the coat of arms of the house of
                  Hanover.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg
            
         
               Community trade mark sought: 
            
            
               Figurative mark representing coats of arms for goods and services in Classes 16, 25, 28, 32, 33, 35, 39, 41 and 43 –Application
                  No 5627245
               
            
         
               Decision of the examiner: 
            
            
               Registration refused 
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg to pay the costs.