Judgment of the General Court of 8 September 2010 - Micro Shaping v OHIM (packaging)
(Community trade mark - Application for Community figurative mark packaging - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
Language of the case: German
Parties
Applicant: Micro Shaping Ltd (Goring-by-Sea, Worthing, West Sussex, United Kingdom) (represented by: A. Franke, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 11 December 2008 (Case R 1063/2008-1), concerning an application for registration of the figurative sign packaging as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Micro Shaping Ltd to pay the costs.
____________1 - OJ C 102, 1.5.2009.