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 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)

Subject of the case

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

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Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Hans-Peter Wilfer to pay the costs.