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Order of the General Court (First Chamber) of 14 December 2010 – General Bearing v OHIM (GENERAL BEARING CORPORATION)

(Case T-394/09)

Community trade mark – Application for Community word mark GENERAL BEARING CORPORATION – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009

Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the pleas in law on which the application is based (Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 20)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 16 July 2009 (Case R 73/2009‑1), concerning an application for registration of the word sign GENERAL BEARING CORPORATION as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

General Bearing Corp.

Community trade mark sought:

Word mark GENERAL BEARING CORPORATION for goods in Classes 7 and 12 – Registration No 6345871

Decision of the examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

1.

1. The action is dismissed as manifestly inadmissible.

2.

2. General Bearing Corp. is ordered to pay the costs.