Judgment of the General Court of 19 May 2010 - Zeta Europe v OHIM (Superleggera)
(Community trade mark - Application for the figurative Community trade mark Superleggera - 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 - Examination of the facts of its own motion - Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009) - Obligation to state reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009))
Language of the case: Italian
Parties
Applicant: Zeta Europe BV (Arnhem, Netherlands) (represented by: V. Bilardo, C. Bacchini and M. Mazzitelli, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Sempio and O. Montalto, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 17 July 2008 (Case R 666/2008-1), concerning an application for the registration of the figurative sign Superleggera as a Community trade mark
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Zeta Europe BV to pay the costs.
____________1 - OJ C 313 of 6.12.2008