This document is an excerpt from the EUR-Lex website
Document 62008TJ0458
Judgment of the General Court (Fourth Chamber) of 8 September 2010. # Hans-Peter Wilfer v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a Community figurative mark representing the head of a guitar in silver, grey and brown - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Examination of the facts of its own motion - Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009) - Obligation to state reasons - The first sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009) - Equal treatment. # Case T-458/08.
Judgment of the General Court (Fourth Chamber) of 8 September 2010.
Hans-Peter Wilfer v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for a Community figurative mark representing the head of a guitar in silver, grey and brown - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Examination of the facts of its own motion - Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009) - Obligation to state reasons - The first sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009) - Equal treatment.
Case T-458/08.
Judgment of the General Court (Fourth Chamber) of 8 September 2010.
Hans-Peter Wilfer v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for a Community figurative mark representing the head of a guitar in silver, grey and brown - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Examination of the facts of its own motion - Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009) - Obligation to state reasons - The first sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009) - Equal treatment.
Case T-458/08.
European Court Reports 2010 II-00168*
ECLI identifier: ECLI:EU:T:2010:358
Judgment of the General Court (Fourth Chamber) of 8 September 2010 – Wilfer v OHIM (Representation of the head of a guitar)
(Case T-458/08)
Community trade mark – Application for a Community figurative mark representing the head of a guitar in silver, grey and brown – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) – Examination of the facts of its own motion – Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009) – Duty to state reasons – First sentence of Article 73 of Regulation No 40/94 (now first sentence of Article 75 of Regulation No 207/2009) – Equal treatment
1. 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 52, 60)
2. Community trade mark – Procedural provisions – Examination of the facts of the Office’s own motion – Scope (Council Regulation No 40/94, Art. 74(1)) (see paras 71-72)
3. Community trade mark – Decisions of the Office – Legality – Examination by the Community judicature – Criteria (Council Regulation No 40/94) (see paras 93-95)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 July 2008 (Case R 78/2007-4), concerning the registration as a Community trade mark of the figurative sign representing the head of a guitar in the colours silver, grey and brown. |
Information relating to the case
Applicant for the Community trade mark: |
Hans-Peter Wilfer |
Community trade mark sought: |
Figurative mark representing the head of a guitar in the colours silver, grey and brown, for goods in Classes 9 and 15 – Application No 2639821 |
Decision of the examiner: |
Registration refused |
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Hans-Peter Wilfer to pay the costs. |