25.8.2012
EN
Official Journal of the European Union
C 258/8
Order of the Court (Fifth Chamber) of 26 April 2012 — Deichmann SE v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-307/11 P) (1)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(b) - Absolute ground for refusal - Lack of distinctive character - Figurative sign representing a chevron edged with dotted lines)
2012/C 258/13
Language of the case: German
Parties
Appellant: Deichmann SE (represented by: O. Rauscher, lawyer)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel, acting as Agent)
Re:
Appeal brought against the judgment of the General Court (Seventh Chamber) of 13 April 2011 in Case T-202/09 Deichmann SE v OHIM, by which the General Court dismissed the action for annulment of the decision of the Fourth Board of Appeal of OHIM of 3 April 2009 dismissing the appeal against the examiner’s decision, which refused registration of the figurative sign representing a chevron edged with dotted lines as a Community trade mark for certain goods in Classes 10 and 25 — Distinctive character of the mark
Operative part of the order
1.
The appeal is dismissed.
2.
Deichmann SE shall pay the costs.
(1) OJ C 269, 10.9.2011.
Full & Egal Universal Law Academy