Judgment of the General Court of 28 September 2010 - Rosenruist v OHIM (Representation of two curves on a pocket)
(Community trade mark - Application for Community figurative mark representing two curves on a pocket - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Rosenruist - Gestão e serviços, Lda (Funchal, Portugal) (represented by: S. Rizzo and S. González Malabia, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Case R 237/2009-2) concerning an application for registration as a Community trade mark of a figurative sign representing two curves on a pocket.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Rosenruist - Gestão e serviços, Lda to pay the costs.
____________1 - OJ C 282, 21.11.2009.