CELEX: 62008TA0458
Language: en
Date: 2010-09-09 00:00:00
Title: Case T-458/08: Judgment of the General Court of 8 September 2010 — Wilfer v OHIM (Representation of the head of a guitar) (Community trade mark — Application for a Community figurative mark representing the head of a guitar in silver, grey and brown — 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) — Examination of the facts of its own motion — Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009) — Obligation to state reasons — The first sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009) — Equal treatment)

23.10.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/35
            
         
      Judgment of the General Court of 8 September 2010 — Wilfer v OHIM (Representation of the head of a guitar)
      (Case T-458/08) (1)
      
      (Community trade mark - Application for a Community figurative mark representing the head of a guitar in silver, grey and brown - 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) - Examination of the facts of its own motion - Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009) - Obligation to state reasons - The first sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009) - Equal treatment)
      (2010/C 288/67)
      Language of the case: German
      
         Parties
      
      
         Applicant: Hans-Peter Wilfer (Markeneukirchen, Germany) (represented by: A. Kockläuner, lawyer)
      
         Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
      
         Re:
      
      Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 July 2008 (Case R 78/2007-4), concerning the registration as a Community trade mark of the figurative sign representing the head of a guitar in the colours silver, grey and brown.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders Hans-Peter Wilfer to pay the costs.
               
            
         (1)  OJ C 6, 10.1.2008.