CELEX: 62010CB0546
Language: en
Date: 2011-09-13 00:00:00
Title: Case C-546/10 P: Order of the Court (Sixth Chamber) of 13 September 2011 — Hans-Peter Wilfer v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Figurative sign representing the headstock of a guitar — Refusal to register — Absolute ground for refusal — Lack of distinctiveness — Ex officio examination of the facts — Articles 7(1)(b) and 74(1) of Regulation (EC) No 40/94 — Admissibility of evidence submitted for the first time before the General Court — Equality of treatment)

28.1.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 25/23
            
         
      Order of the Court (Sixth Chamber) of 13 September 2011 — Hans-Peter Wilfer v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
      (Case C-546/10 P) (1)
      
      (Appeal - Community trade mark - Figurative sign representing the headstock of a guitar - Refusal to register - Absolute ground for refusal - Lack of distinctiveness - Ex officio examination of the facts - Articles 7(1)(b) and 74(1) of Regulation (EC) No 40/94 - Admissibility of evidence submitted for the first time before the General Court - Equality of treatment)
      (2012/C 25/40)
      Language of the case: German
      
         Parties
      
      
         Appellant: Hans-Peter Wilfer (represented by: W. Prinz, Rechtsanwalt)
      
         Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, agent)
      
         Re:
      
      Appeal brought against the judgment of the General Court (Fourth Chamber) of 8 September 2010 in Case T-458/08 Wilfer v OHIM, by which the General Court dismissed the action of annulment brought against the decision of the Fourth Board of Appeal of OHIM of 25 July 2008, dismissing the appeal against the decision of the examiner who partially refused registration of the figurative sign representing the headstock of a guitar coloured silver, grey and brown as a Community trade mark for certain goods in Classes 9 to 15 — Distinctiveness of a figurative sign constituted by the two-dimensional representation of part of the product
      
         Operative part of the order
      
      
                  1.
               
               
                  The appeal is dismissed.
               
            
                  2.
               
               
                  Mr Wilfer is ordered to pay the costs.
               
            
         (1)  OJ C 30, 29.1.2011.