28.8.2010   

EN

Official Journal of the European Union

C 234/32


Judgment of the General Court of 8 July 2010 — Trautwein v OHIM (Representation of a dog)

(Case T-385/08) (1)

(Community trade mark - Application for a Community figurative mark representing a dog - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

2010/C 234/56

Language of the case: German

Parties

Applicant: Nadine Trautwein Rolf Trautwein GbR, Research and Development (Leopoldshöhe, Germany) (represented by: C. Czychowski, A. Nordemann and A.. Dustmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: S. Schäffner, Agent)

Re:

Action brought against the decision of 30 June 2008 of the First Board of Appeal of OHIM (Case R 1734/2007-1) concerning an application for registration as a Community trade mark of a figurative sign representing a dog

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs.


(1)  OJ C 313, 6.12.2008.