CELEX: 62011CB0307
Language: en
Date: 2012-04-26 00:00:00
Title: Case C-307/11 P: Order of the Court (Fifth Chamber) of 26 April 2012 — Deichmann SE v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(b) — Absolute ground for refusal — Lack of distinctive character — Figurative sign representing a chevron edged with dotted lines)

25.8.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 258/8
            
         Order of the Court (Fifth Chamber) of 26 April 2012 — Deichmann SE v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case C-307/11 P) (1)
   
   (Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(b) - Absolute ground for refusal - Lack of distinctive character - Figurative sign representing a chevron edged with dotted lines)
   2012/C 258/13
   Language of the case: German
   
      Parties
   
   
      Appellant: Deichmann SE (represented by: O. Rauscher, lawyer)
   
      Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel, acting as Agent)
   
      Re:
   
   Appeal brought against the judgment of the General Court (Seventh Chamber) of 13 April 2011 in Case T-202/09 Deichmann SE v OHIM, by which the General Court dismissed the action for annulment of the decision of the Fourth Board of Appeal of OHIM of 3 April 2009 dismissing the appeal against the examiner’s decision, which refused registration of the figurative sign representing a chevron edged with dotted lines as a Community trade mark for certain goods in Classes 10 and 25 — Distinctive character of the mark
   
      Operative part of the order
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               Deichmann SE shall pay the costs.
            
         
      (1)  OJ C 269, 10.9.2011.