Judgment of the General Court of 8 July 2010 - Trautwein v OHIM (Representation of a horse)
(Community trade mark - Application for a Community figurative mark representing a horse - 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: Nadine Trautwein Rolf Trautwein GbR, Research and Development (Leopoldshöhe, Germany) (represented by: C. Czychowski, A. Nordemann and A. Dustmann, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs (OHIM) (represented by: S. Schäffner, Agent)
Re:
Action brought against the decision of 7 July 2008 of the First Board of Appeal of OHIM (Case R 1730/2007-1) concerning an application for registration as a Community trade mark of a figurative sign representing a horse
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs.
____________1 - OJ C 313, 6.12.2008.