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Document 62008TJ0078

Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009.
Fides B. Baldesberger v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for a three-dimensional Community trade mark - Shape of tweezers - 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).
Case T-78/08.

European Court Reports 2009 II-00079*

ECLI identifier: ECLI:EU:T:2009:199





Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 – Baldesberger v OHIM (Shape of tweezers)

(Case T-78/08)

(Community trade mark – Application for a three-dimensional Community trade mark – Shape of tweezers – 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))


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 25, 28-30)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 December 2007 (Case R 1405/2007-4) regarding an application for registration of a three-dimensional sign in the shape of tweezers as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Fides B. Baldesberger

Community trade mark sought:

Three-dimensional mark depicting tweezers, for goods in class 8 – Application No 5480108

Decision of the examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Ms Fides B. Baldesberger to pay the costs.

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