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Document 62006TJ0073

    Judgment of the Court of First Instance (Second Chamber) of 21 October 2008.
    Jean Cassegrain SAS v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for a Community figurative mark - Shape of a bag - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94.
    Case T-73/06.

    Thuarascálacha na Cúirte Eorpaí 2008 II-00228*

    ECLI identifier: ECLI:EU:T:2008:454





    Judgment of the Court of First Instance (Second Chamber) of 21 October 2008 – Cassegrain v OHIM (Shape of a bag)

    (Case T-73/06)

    Community trade mark – Application for a Community figurative mark – Shape of a bag – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94

    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 27-28)

    Re:

    ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 December 2005 (Case R 687/2005-2) concerning the registration of the figurative sign Shape of a bag as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    Jean Cassegrain SAS

    Community trade mark sought:

    Figurative mark representing a bag for goods in Class 18 – Application No 003598571

    Decision of the examiner:

    Registration refused

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Jean Cassegrain SAS to pay the costs.

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