CELEX: 62009TA0388
Language: en
Date: 2010-09-28 00:00:00
Title: Case T-388/09: Judgment of the General Court of 28 September 2010 — Rosenruist v OHIM (Representation of two curves on a pocket) (Community trade mark — Application for Community figurative mark representing two curves on a pocket — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)

20.11.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 317/31
            
         Judgment of the General Court of 28 September 2010 — Rosenruist v OHIM (Representation of two curves on a pocket)
   (Case T-388/09) (1)
   
   (Community trade mark - Application for Community figurative mark representing two curves on a pocket - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)
   2010/C 317/57
   Language of the case: English
   
      Parties
   
   
      Applicant: Rosenruist — Gestão e serviços, Lda (Funchal, Portugal) (represented by: S. Rizzo and S. González Malabia, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
   
      Re:
   
   Action brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Case R 237/2009-2) concerning an application for registration as a Community trade mark of a figurative sign representing two curves on a pocket.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Rosenruist — Gestão e serviços, Lda to pay the costs.
            
         
      (1)  OJ C 282, 21.11.2009.