Judgment of the General Court of 6 October 2011 - Bang & Olufsen v OHIM (Representation of a loudspeaker)
(Community trade mark - Application for a three-dimensional Community trade mark - Representation of a loudspeaker - Compliance by OHIM with a judgment annulling a decision of one of its Boards of Appeal - Article 63(6) of Regulation (EC) No 40/94 (now Article 65(6) of Regulation (EC) No 207/2009) - Absolute ground for refusal - Sign which consists exclusively of the shape which gives substantial value to the goods - Article 7(1)(e)(iii) of Regulation No 40/94 (now Article 7(1)(e)(iii) of Regulation No 207/2009))
Language of the case: English
Parties
Applicant: Bang & Olufsen A/S (Struer, Denmark) (represented: initially by K. Wallberg and subsequently by J. Glaesel, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis and G. Schneider, Agents)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 10 September 2008 (Case R 497/2005-1), concerning an application to register a three-dimensional sign representing a loudspeaker as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Bang & Olufsen A/S to pay the costs.
____________1 - OJ C 19, 24.1.2009.