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) Lack of distinctive character acquired through use Application for a Community figurative mark Geometric shapes on a watch face Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009)
Sumário
Judgment of the Court of First Instance (Third Chamber) of 14 September 2009.
Lange Uhren GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for a Community figurative mark - Geometric shapes on a watch-face - 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) - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009).
Case T-152/07.
Texto da decisão
Judgment of the Court of First Instance (Third Chamber) of 14 September 2009 – Lange Uhren v OHIM (Geometric shapes on a watch-face)
(Case T-152/07)
Community trade mark – Application for a Community figurative mark – Geometric shapes on a watch-face – 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) – Lack of distinctive character acquired through use – Article 7(3) of Regulation No 40/94 (now Article 7(3) 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 – Exception – Distinctive character acquired through use (Council Regulation No 40/94, Art. 7(1)(b) and (3)) (see paras 77, 82, 87-92, 130-136, 142-143)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 15 February 2007 (Case R 1176/2005-1) concerning an application for registration as a Community trade mark of a figurative sign representing geometric shapes on a watch-face. |
Information relating to the case
|
Applicant for the Community trade mark: |
Lange Uhren GmbH |
|
Community trade mark sought: |
Figurative mark representing geometric shapes on a watch-face for goods in Class 14 – Application No 2542694 |
|
Decision of the examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Lange Uhren GmbH to pay the costs. |