CELEX: 62009TJ0012
Language: en
Date: 2011-04-07 00:00:00
Title: Judgment of the General Court (Eighth Chamber) of 7 April 2011. # Alexander Gruber v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark Run the globe - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009). # Case T-12/09.

Judgment of the General Court (Eighth Chamber) of 7 April 2011 – Gruber v OHIM (Run the globe)
      (Case T-12/09)
      Community trade mark – Application for Community word mark Run the globe – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now 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 distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 20, 24-27)
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 6 November 2008 (Case R 1779/2007-1) concerning
                  a request for registration of the word sign Run the globe as a Community trade mark.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Alexander Gruber
            
         
               Community trade mark sought:
            
            
               Word mark Run the globe for services in Class 41 – Application No 5154521
            
         
               Decision of the examiner: 
            
            
               Registration refused 
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mr Alexander Gruber to pay the costs.