Keywords
Subject of the case
Operative part

Keywords

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional mark – Shape of an electronic lighter (Council Regulation No 40/94, Art. 7(1)(b)) (see para. 34)

2. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Exception – Acquisition through use – Criteria for assessment (Council Regulation No 40/94, Art. 7(3)) (see paras 61-66)

Subject of the case

Re:

ACTION for the annulment of the decision of the Fourth Chamber of the Board of Appeal of OHIM of 6 April 2004 (Case R 469/2003-4), in relation to the registration as a Community trade mark of a three-dimensional trade mark in the shape of an electronic lighter.

Information relating to the case

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Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.