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24.11.2007 |
EN |
Official Journal of the European Union |
C 283/26 |
Judgment of the Court of First Instance of 10 October 2007 — Bang & Olufsen v OHIM (Shape of a loudspeaker)
(Case T-460/05) (1)
(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a loudspeaker - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)
(2007/C 283/46)
Language of the case: English
Parties
Applicant: Bang & Olufsen A/S (Struer, Denmark) (represented by: K. Wallberg, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)
Re:
Action against the decision of the First Board of Appeal of OHIM of 22 September 2005 (Case R 497/2005-1) concerning an application for registration as a Community trade mark of a three-dimensional sign formed by the shape of a loudspeaker.
Operative part of the judgment
The Court:
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1. |
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 September 2005 (Case R 497/2005-1); |
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2. |
Orders OHIM to bear its own costs and to pay those of Bang & Olufsen A/S. |