CELEX: 62009TA0007
Language: en
Date: 2010-04-21 00:00:00
Title: Case T-7/09: Judgment of the General Court of 21 April 2010 — Schunk v OHIM (Presentation of part of a chuck) (Community trade mark — Application for a Community trade mark in the form of a presentation of part of a chuck with three grooves — Absolute ground for refusal — Lack of distinctive character — Lack of distinctive character acquired by use — Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) of Regulation (EC) No 207/2009))

5.6.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 148/29
            
         Judgment of the General Court of 21 April 2010 — Schunk v OHIM (Presentation of part of a chuck)
   (Case T-7/09) (1)
   
   (Community trade mark - Application for a Community trade mark in the form of a presentation of part of a chuck with three grooves - Absolute ground for refusal - Lack of distinctive character - Lack of distinctive character acquired by use - Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) of Regulation (EC) No 207/2009))
   2010/C 148/52
   Language of the case: German
   
      Parties
   
   
      Applicant: Schunk GmbH & Co KG Spann- und Greiftechnik (Lauffen am Neckar, Germany) (represented by: C. Koppe-Zagouras, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, Agent)
   
      Re:
   
   Action brought against the decision of the First Board of Appeal of OHIM of 31 October 2008 (Case R 1109/2007-1) concerning the registration of the sign in the form of a presentation of part of a chuck with three grooves as a Community trade mark.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Schunk GmbH & Co KG Spann- und Greiftechnik to pay the costs.
            
         
      (1)  OJ C 69, 21.3.2009.