Community trade mark Absolute ground for refusal Lack of distinctive character acquired through use Application for the Community word mark NEW LOOK Article 7(3) of Regulation (EC) No 40/94
Sumário
Judgment of the Court of First Instance (Eighth Chamber) of 26 November 2008.
New Look Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark NEW LOOK - Absolute ground for refusal - Lack of distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94.
Case T-435/07.
Texto da decisão
Judgment of the Court of First Instance (Eighth Chamber) of 26 November 2008 – New Look v OHIM (NEW LOOK)
(Case T-435/07)
Community trade mark – Application for the Community word mark NEW LOOK – Absolute ground for refusal – Lack of distinctive character acquired through use – Article 7(3) 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(3)) (see paras 18, 23-26)
Re:
| ACTION against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 670/2007-2) relating to the registration of the word sign NEW LOOK as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
New Look Ltd |
|
Community trade mark sought: |
Word mark NEW LOOK for goods and services in Classes 3, 9, 14, 16, 18, 25, 26 and 35 – Application No 2932606 |
|
Decision of the examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders New Look Ltd to pay the costs. |