Community trade mark Absolute ground for refusal Lack of distinctive character Article 7(1)(b) of Regulation (EC) No 40/94 Application for Community colour mark Combination of 24 coloured squares
Sumário
Judgment of the Court of First Instance (Eighth Chamber) of 12 November 2008.
GretagMacbeth LLC v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for Community colour mark - Combination of 24 coloured squares - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94.
Case T-400/07.
Texto da decisão
Judgment of the Court of First Instance (Eighth Chamber) of 12 November 2008 – GretagMacbeth v OHIM (Combination of 24 coloured squares)
(Case T-400/07)
Community trade mark – Application for Community colour mark – Combination of 24 coloured squares – 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 39, 41-43, 50, 53-55)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 August 2007 (Case R 30/2007-4) concerning an application for registration as a Community trade mark of a colour sign composed of 24 coloured squares. |
Information relating to the case
|
Applicant for the Community trade mark: |
GretagMacbeth LLC |
|
Community trade mark sought: |
Mark consisting of a combination of 24 coloured squares for goods and services in Classes 9, 16 and 42 – Application No 4634572 |
|
Decision of the examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the application; |
|
2. |
Orders GretagMacbeth LLC to pay the costs. |