CELEX: 62013TA0656
Language: en
Date: 2015-10-07 00:00:00
Title: Case T-656/13: Judgment of the General Court of 7 October 2015 — The Smiley Company v OHIM (Shape of a smiley with heart-shaped eyes) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a smiley with heart-shaped eyes — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)

30.11.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 398/38
            
         Judgment of the General Court of 7 October 2015 — The Smiley Company v OHIM (Shape of a smiley with heart-shaped eyes)
   (Case T-656/13) (1)
   
   ((Community trade mark - Application for a three-dimensional Community trade mark - Shape of a smiley with heart-shaped eyes - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
   (2015/C 398/48)
   Language of the case: English
   
      Parties
   
   
      Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Freitag and C. Albrecht, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos and A. Folliard-Monguiral, acting as Agents)
   
      Re:
   
   Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 October 2013 (Case R 997/2013-4) concerning an application for registration as a Community trade mark of a three-dimensional sign comprising the shape of a smiley with heart-shaped eyes.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders The Smiley Company SPRL to pay the costs.
            
         
      (1)  OJ C 61, 1.3.2014.