Community trade mark Absolute ground for refusal Lack of distinctive character Application for a Community figurative mark Article 7(1)(b) of Regulation (EC) No 40/94 Shape of a bag
Sumário
Judgment of the Court of First Instance (Second Chamber) of 21 October 2008.
Jean Cassegrain SAS v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for a Community figurative mark - Shape of a bag - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94.
Case T-73/06.
Texto da decisão
Judgment of the Court of First Instance (Second Chamber) of 21 October 2008 – Cassegrain v OHIM (Shape of a bag)
(Case T-73/06)
Community trade mark – Application for a Community figurative mark – Shape of a bag – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94
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 27-28)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 December 2005 (Case R 687/2005-2) concerning the registration of the figurative sign Shape of a bag as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
Jean Cassegrain SAS |
|
Community trade mark sought: |
Figurative mark representing a bag for goods in Class 18 – Application No 003598571 |
|
Decision of the examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Jean Cassegrain SAS to pay the costs. |