Judgment of the General Court of 16 December 2010 - Fidelio v OHIM (Hallux)
(Community trade mark - Application for Community word mark Hallux - Absolute ground for refusal - 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: Fidelio KG (Linz, Austria) (represented by: M. Gail, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 May 2008 (Case R 632/2007-4) relating to registration of the word sign 'Hallux' as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Fidelio KG to pay the costs.
____________1 - OJ C 247, 27.9.2008.