EU & Human Rights

Infusion Brands v OHIM (DUALTOOLS) (Judgment)

[2015] EUECJ T64814Court of Justice of the European Union (including the General Court)2015

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(Community trade mark — Application for the Community figurative mark DUALTOOLS — Absolute grounds for refusal — Partial refusal of registration — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

Infusion Brands, Inc., established in Myerlake Circle Clearwater, Florida (United States), represented by K. Piepenbrink, lawyer,

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented initially by V. Melgar, then by H. O’Neill and M. Rajh, acting as Agents,

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 1 July 2014 (Case R 398/2014-4), concerning an application for registration of the figurative sign DUALTOOLS as a Community trade mark,

composed of D. Gratsias, President, M. Kancheva and C. Wetter (Rapporteur), Judges,

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