Order of the Court (Sixth Chamber) of 17 October 2008 — AGC Flat Glass Europe SA, formerly Glaverbel SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-513/07 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(3) - Figurative mark representing the texture of a glass surface - Refusal of registration - Evidence of distinctive character acquired through use - Target public and territory to be considered)

(2009/C 69/20)

Language of the case: English

Parties

Applicant: AGC Flat Glass Europe SA, formerly Glaverbel SA (represented by: T. Koerl, lawyer)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar Ortuño, Agent)

Re:

Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 12 September 2007 in Case T-141/06 Glaverbel v OHIM by which the Court dismissed an action seeking annulment of Decision R 986/2004-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 1 March 2006 dismissing the action brought against the examiner's decision refusing registration of a figurative mark representing the texture of a glass surface for certain goods in Classes 19 and 21.

Operative part of the order

(1)  OJ C 51, 23.2.2008.