Judgment of the General Court of 7 April 2011 - Gruber v OHIM (Run the globe)
(Community trade mark - Application for Community word mark Run the globe - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
Language of the case: German
Parties
Applicant: Alexander Gruber (Ulm, Germany) (represented by: T. Kienle and M. Krinke, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schnäffner, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 6 November 2008 (Case R 1779/2007-1) concerning a request for registration of the word sign Run the globe as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Mr Alexander Gruber to pay the costs.
____________1 - OJ C 69, 21.3.2009.