Bang & Olufsen A/S v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-508/08)

Judgment of 6 Oct 2011

law://eu/cjeu/2008/t-508-08/para_33@2026-11-12

33In that regard, even if a sign, the object of an application for a Community trade mark, were to be considered by the Court, contrary to the decision reached by OHIM, not to be covered by one of the absolute grounds for refusal referred to in Article 7(1) of Regulation No 40/94, the annulment by the Court of the OHIM decision refusing registration of that mark would necessarily lead OHIM, which is required to give due effect to the grounds and operative part of the Court’s judgment, to reopen the procedure for the examination of the mark in question and to reject it where it considers that the sign in question is covered by another absolute ground for refusal referred to in that provision (see, to that effect, Case T-28/05 Ekabe International v OHIM - Ebro Puleva (OMEGA3) [2007] ECR II-4307, paragraph 50).

Bang & Olufsen A/S v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-508/08)

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