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Article30 December 2011

Bang & Olufsen fails to register shape of loudspeaker as CTM

By Lisbet Andersen

Publiceret i World Trademark Review Daily

On October 6 2011 the General Court delivered its judgment in Bang & Olufsen A/S v Office for Harmonisation in the Internal Market (OHIM) (Case T-508/08), which concerned the absolute grounds for refusal and the limits of trademark protection. The new decision is in line with previous case law, including the judgment of the Court of Justice of the European Union in Phillips (Case C-299/99), but includes some interesting, and perhaps surprising, aspects.

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