CELEX: 62009TJ0388
Language: en
Date: 2010-09-28
Title: Judgment of the General Court (First Chamber) of 28 September 2010. # Rosenruist - Gestão e serviços, Lda v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community figurative mark representing two curves on a pocket - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009. # Case T-388/09.

Judgment of the General Court (First Chamber) of 28 September 2010 – Rosenruist v OHIM (Representation of two curves on a
            pocket)
      (Case T-388/09)
      Community trade mark – Application for Community figurative mark representing two curves on a pocket – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009
      Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 15, 27)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Case R 237/2009-2), concerning
                  an application for registration as a Community trade mark of a figurative sign representing two curves on a pocket.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Rosenruist – Gestão e serviços, Lda
            
         
               Community trade mark sought:
            
            
               Figurative mark representing two curves crossed at one point inserted on a pocket for goods and services in Classes 18 and
                  25
               
            
         
               Decision of the examiner:
            
            
               Registration refused 
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed 
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Rosenruist – Gestão e serviços, Lda to pay the costs.