Community trade mark Absolute ground for refusal Lack of distinctive character Obligation to state reasons Examination of the facts of its own motion Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009) Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) Application for the figurative Community trade mark Superleggera Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009
Sumário
Judgment of the General Court (Seventh Chamber) of 19 May 2010.
Zeta Europe BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the figurative Community trade mark Superleggera - 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 - Examination of the facts of its own motion - Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009) - Obligation to state reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009).
Case T-464/08.
Texto da decisão
Judgment of the General Court (Seventh Chamber) of 19 May 2010 – Zeta Europe v OHIM (Superleggera)
(Case T-464/08)
Community trade mark – Application for the figurative Community trade mark Superleggera – 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) – Examination of the facts of its own motion – Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009) – Duty to state reasons – Article 73 of Regulation No 40/94 (now Article 75 of Regulation 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 21, 24, 31-32)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 17 July 2008 (Case R 666/2008-1), concerning an application for the registration of the figurative sign Superleggera as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
Zeta Europe BV |
|
Community trade mark sought: |
Figurative mark Superleggera for goods in Classes 12, 18 and 25 – Application No 5456207 |
|
Decision of the examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Zeta Europe BV to pay the costs. |