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 (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 26, 30

)

Subject of the case

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 28 June 2007 (Case R 1653/2006‑1) concerning an application for registration of a tri-dimensional sign representing a shelter for shade as a Community trade mark.

Information relating to the case

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Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Somm Srl to pay the costs.