Judgment of the General Court of 6 November 2014 — Vans v OHIM (Representation of a wavy line)
(Case T-53/13) 1
(Community trade mark — Application for the Community figurative mark representing a wavy line — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 — Article 76 of Regulation No 207/2009 — Article 75 of Regulation No 207/2009)
Language of the case: English
Parties
Applicant: Vans, Inc. (Cypress, California, United States) (represented by: M. Hirsch, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: Ó. Mondéjar Ortuño, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 14 November 2012 (Case R 860/2012-5), concerning the application for registration as a Community trade mark of a figurative sign representing a wavy line.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Vans, Inc. to pay the costs.
________________________1 OJ C 101, 6.4.2013.