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Document 62007TJ0435

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.

European Court Reports 2008 II-00296*

ECLI identifier: ECLI:EU:T:2008:534





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.

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