Judgment of the General Court (First Chamber) of 28 September 2010 – Rosenruist v OHIM (Representation of two curves on a pocket)

(Case T-388/09)

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

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 15, 27)

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.

Information relating to the case

Applicant for the Community trade mark:	Rosenruist – Gestão e serviços, Lda
Community trade mark sought:	Figurative mark representing two curves crossed at one point inserted on a pocket for goods and services in Classes 18 and 25
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Rosenruist – Gestão e serviços, Lda to pay the costs.