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Document 62006TJ0141

Judgment of the General Court (Second Chamber) of 12 September 2007.
Glaverbel SA v European Union Intellectual Property Office.
Case T-141/06.

European Court Reports 2007 II-00114*

ECLI identifier: ECLI:EU:T:2007:273





Judgment of the Court of First Instance (Second Chamber) of 12 September 2007 – Glaverbel v OHIM (Texture of a glass surface)

(Case T-141/06)

Community trade mark – Application for a Community figurative mark representing the texture of a glass surface – Absolute ground for refusal – Absence of evidence of distinctive character acquired through use

1.                     Community trade mark – Appeals procedure – Action before the Community judicature (Rules of Procedure of the Court of First Instance, Art. 135(4)) (see para. 14)

2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94, Art. 7(1)(b), (2) and (3)) (see paras 19-23, 32-40)

3.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Absence of distinctive character – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94, Art. 7(1)(b) and (3)) (see paras 35-38)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 1 March 2006 (Case R 0986/2004-4), relating to an application for registration as a Community trade mark of a figurative mark representing the texture of a glass surface.

Information relating to the case

Applicant for the Community trade mark:

Glaverbel SA

Community trade mark sought:

Figurative mark consisting of a motif applied to the surface of goods of Classes 19 and 21 – Application No 3183068

Decision of the Examiner:

Application for a community trade mark for all goods is dismissed

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the appeal;

2.

Orders Glaverbel SA to pay the costs.

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