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 distinctive character – Mark consisting in the representation of one of the elements constituting the product – Distinctive character – Criteria for assessment (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 40-41)

2. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 28, 34-35, 54)

Subject of the case

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 April 2009 (Case R 224/2007-4) concerning an international registration designating the European Community of a figurative mark representing a chevron with perforated border.

Information relating to the case

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Operative part

Re:

Operative part

The Court:

1. Dismisses the action;

2. Orders Deichmann SE to pay the costs.