CELEX: 62011TA0025
Language: en
Date: 2013-01-29 00:00:00
Title: Case T-25/11: Judgment of the General Court of 29 January 2013 — Germans Boada v OHIM (Manual tile-cutting machine) (Community trade mark — Application for a Community three-dimensional mark — Manual tile-cutting machine — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Lack of distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 — Obligation to state reasons — Articles 75 and 76 of Regulation No 207/2009 — Equal treatment)

9.3.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 71/16
            
         Judgment of the General Court of 29 January 2013 — Germans Boada v OHIM (Manual tile-cutting machine)
   (Case T-25/11) (1)
   
   (Community trade mark - Application for a Community three-dimensional mark - Manual tile-cutting machine - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 207/2009 - Obligation to state reasons - Articles 75 and 76 of Regulation No 207/2009 - Equal treatment)
   2013/C 71/24
   Language of the case: Spanish
   
      Parties
   
   
      Applicant: Germans Boada, SA (Rubí, Spain) (represented by: J. Carbonell Callicó, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)
   
      Re:
   
   Action brought against the decision of the First Board of Appeal of OHIM of 28 October 2010 (Case R 771/2010-1), relating to an application for registration of the three-dimensional sign representing a manual tile-cutting machine as a Community trade mark
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Germans Boada, SA to pay the costs.
            
         
      (1)  OJ C 80, 12.3.2011.