Judgment of the General Court of 13 April 2011 - Deichmann v OHIM (Representation of a curved band with dotted lines)
(Community trade mark - International registration designating the European Community - Figurative mark representing a curved band with dotted lines - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
Language of the case: German
Parties
Applicant: Deichmann SE, formerly Heinrich Deichmann-Scuhe GmbH & Co. KG (Essen, Germany) (represented by: O. Rauscher, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Weberndörfer, Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 April 2009 (Case R 224/2007-4) concerning an international registration designating the European Community of a figurative mark representing a curved band with dotted lines
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Deichmann SE to pay the costs.
____________1 - OJ C 180, 1.8.2009.