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Document 62008TJ0075

    Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009.
    JOOP! GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for registration of a figurative Community trade mark representing an exclamation mark - Absolute ground for refusal - No distinctive character - No distinctive character acquired through use - Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 207/2009).
    Case T-75/08.

    Thuarascálacha na Cúirte Eorpaí 2009 II-00189*

    ECLI identifier: ECLI:EU:T:2009:374





    Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009 – JOOP! v OHIM (!)

    (Case T-75/08)

    Community trade mark – Application for registration of a figurative Community trade mark representing an exclamation mark – Absolute ground for refusal – No distinctive character – No distinctive character acquired through use – Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 207/2009)

    Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94, Art. 7(1)(b) and (3)) (see paras 25-29, 41-47)

    Re:

    ACTION brought against the decision of the First Board of Appeal of OHIM of 26 November 2007 (Case R 1134/2007‑1) relating to an application for registration of a figurative sign as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    JOOP! GmbH

    Community trade mark sought:

    Figurative mark representing an exclamation mark for goods in Classes 14, 18 and 25 – Application No 5332184

    Decision of the Examiner:

    Registration refused

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders JOOP! GmbH to pay the costs.

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