Judgment of the General Court of 7 July 2011 - Cree v OHIM (TRUEWHITE)

(Case T-208/10) ¹

(Community trade mark - Application for Community word mark TRUEWHITE - Absolute grounds for refusal - Article 7(1)(c) of Regulation No 207/2009 - Descriptive mark)

Language of the case: German

Parties

Applicant: Cree, Inc. (Durham, North Carolina, United States) (represented by: V. Schiller, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: S. Schäffner, and subsequently by: G. Schneider, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 27 January 2010 (Case R 985/2009-2) concerning registration of the sign TRUEWHITE as a Community trade mark.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Cree, Inc. to pay the costs.

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¹ - OJ C 179, 3.7.2010.