Community trade mark Absolute ground for refusal Lack of distinctive character Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) Application for the Community word mark UNIQUE
Sumário
Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009.
France Télécom v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark UNIQUE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009).
Case T-396/07.
Texto da decisão
Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – France Télécom v OHIM (UNIQUE)
(Case T-396/07)
Community trade mark – Application for the Community word mark UNIQUE – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now 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 40/94, Art. 7(1)(b)) (see paras 20-23)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 585/2007-2) concerning an application for registration of the word sign UNIQUE as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
France Télécom |
|
Community trade mark sought: |
Word mark UNIQUE for goods and services in Classes 9, 35 and 38 – Application No 5312392 |
|
Decision of the Examiner: |
Partial refusal of registration |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders France Télécom to pay the costs. |