23.11.2015
EN
Official Journal of the European Union
C 389/52
Judgment of the General Court of 23 September 2015 — Mechadyne International v OHIM (FlexValve)
(Case T-588/14) (1)
((Community trade mark - Application for a Community figurative mark FlexValve - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Rights of the defence - Duty to state reasons - Article 75 of Regulation No 207/2009))
(2015/C 389/58)
Language of the case: German
Parties
Applicant: Mechadyne International Ltd (Kirtlington, United Kingdom) (represented by S. von Petersdorff-Campen and E. Schaper, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by A. Pohlmann, then S. Hanne, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 June 2014 (Case R 2435/2013-4), concerning an application for registration of the figurative sign FlexValve as a Community trade mark.
Operative part of the judgment
The Court
1)
Dismisses the action;
2)
Orders Mechadyne International Ltd to pay the costs.
(1) OJ C 361, 13.10.2014.
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