Community trade mark Absolute ground for refusal Lack of distinctive character Lack of distinctive character acquired by use Application for a Community trade mark in the form of a presentation of part of a chuck with three grooves Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) of Regulation (EC) No 207/2009)
Sumário
Judgment of the General Court (Eighth Chamber) of 21 April 2010.
Schunk GmbH & Co. KG Spann- und Greiftechnik v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for a Community trade mark in the form of a presentation of part of a chuck with three grooves - Absolute ground for refusal - Lack of distinctive character - Lack of distinctive character acquired by use - Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) of Regulation (EC) No 207/2009).
Case T-7/09.
Texto da decisão
Judgment of the General Court (Eighth Chamber) of 21 April 2010 – Schunk v OHIM (Presentation of part of a chuck)
(Case T-7/09)
Community trade mark – Application for a Community trade mark in the form of a presentation of part of a chuck with three grooves – Absolute ground for refusal – Lack of distinctive character – Lack of distinctive character acquired by use – Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) 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 22, 33)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 31 October 2008 (Case R 1109/2007-1) concerning the registration of the sign in the form of a presentation of part of a chuck with three grooves as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
Schunk GmbH & Co. KG Spann- und Greiftechnik |
|
Community trade mark sought: |
Mark showing the cylinder-shaped section of a chuck for goods in Classes 7 and 8 – Application No 3098894 |
|
Decision of the Examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Schunk GmbH & Co. KG Spann- und Greiftechnik to pay the costs. |