CELEX: 62011TA0164
Language: en
Date: 2012-09-19 00:00:00
Title: Case T-164/11: Judgment of the General Court of 19 September 2012 — Reddig v OHIM — Morleys (Knife handle) (Community trade mark — Proceedings for invalidity — Three-dimensional Community trade mark — Knife handle — Absolute ground for refusal — Sign constituted exclusively by the shape of the product necessary for obtaining a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 — Declaration of invalidity by the Board of Appeal)

27.10.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 331/21
            
         
      Judgment of the General Court of 19 September 2012 — Reddig v OHIM — Morleys (Knife handle)
      (Case T-164/11) (1)
      
      (Community trade mark - Proceedings for invalidity - Three-dimensional Community trade mark - Knife handle - Absolute ground for refusal - Sign constituted exclusively by the shape of the product necessary for obtaining a technical result - Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 - Declaration of invalidity by the Board of Appeal)
      (2012/C 331/38)
      Language of the case: English
      
         Parties
      
      
         Applicant: Reddig GmbH (Drebber, Germany) (represented by: C. Thomas, lawyer)
      
         Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
      
         Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Morleys Ltd (Preston, United Kingdom) (represented by: A. Stein and M. Terbach, lawyers, and E. Gunaratnam, Solicitor)
      
         Re:
      
      Action brought against the decision of the Second Board of Appeal of OHIM of 15 December 2010 (Case R 1072/2009-2), concerning invalidity proceedings between Morleys Ltd and Reddig GmbH.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders Reddig GmbH to pay the costs.
               
            
         (1)  OJ C 152, 21.5.2011.