CELEX: 62008TA0508
Language: en
Date: 2011-10-06 00:00:00
Title: Case T-508/08: Judgment of the General Court of 6 October 2011 — Bang & Olufsen v OHIM (Representation of a loudspeaker) (Community trade mark — Application for a three-dimensional Community trade mark — Representation of a loudspeaker — Compliance by OHIM with a judgment annulling a decision of one of its Boards of Appeal — Article 63(6) of Regulation (EC) No 40/94 (now Article 65(6) of Regulation (EC) No 207/2009) — Absolute ground for refusal — Sign which consists exclusively of the shape which gives substantial value to the goods — Article 7(1)(e)(iii) of Regulation No 40/94 (now Article 7(1)(e)(iii) of Regulation No 207/2009))

19.11.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 340/16
            
         Judgment of the General Court of 6 October 2011 — Bang & Olufsen v OHIM (Representation of a loudspeaker)
   (Case T-508/08) (1)
   
   (Community trade mark - Application for a three-dimensional Community trade mark - Representation of a loudspeaker - Compliance by OHIM with a judgment annulling a decision of one of its Boards of Appeal - Article 63(6) of Regulation (EC) No 40/94 (now Article 65(6) of Regulation (EC) No 207/2009) - Absolute ground for refusal - Sign which consists exclusively of the shape which gives substantial value to the goods - Article 7(1)(e)(iii) of Regulation No 40/94 (now Article 7(1)(e)(iii) of Regulation No 207/2009))
   2011/C 340/31
   Language of the case: English
   
      Parties
   
   
      Applicant: Bang & Olufsen A/S (Struer, Denmark) (represented: initially by K. Wallberg and subsequently by J. Glaesel, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis and G. Schneider, Agents)
   
      Re:
   
   ACTION brought against the decision of the First Board of Appeal of OHIM of 10 September 2008 (Case R 497/2005-1), concerning an application to register a three-dimensional sign representing a loudspeaker as a Community trade mark.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Bang & Olufsen A/S to pay the costs.
            
         
      (1)  OJ C 19, 24.1.2009.