Case T-618/14: Judgment of the General Court of 29 June 2015 — Grupo Bimbo v OHIM (Shape of a Mexican tortilla) (Community trade mark — Application for three-dimensional Community mark — Shape of a Mexican tortilla — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
C2702015EN2510120150629EN0031251262
Judgment of the General Court of 29 June 2015 — Grupo Bimbo v OHIM (Shape of a Mexican tortilla)
(Case T-618/14) ( 1 )
‛(Community trade mark — Application for three-dimensional Community mark — Shape of a Mexican tortilla — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)’2015/C 270/31Language of the case: Spanish
Parties
Applicant: Grupo Bimbo, SAB de CV (Mexico City, Mexico) (represented by N. Fernández Fernández-Pacheco, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by S. Palmero Cabezas, subsequently by J. Garrido Otaola, acting as Agents)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 3 June 2014 (Case R 2449/2013-2) concerning an application for registration of a three-dimensional sign consisting of the shape of a Mexican tortilla.
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders Grupo Bimbo, SAB de CV to pay the costs.
( 1 ) OJ C 351, 6.10.2014.
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