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Document 62007TA0435

    Case T-435/07: Judgment of the Court of First Instance of 26 November 2008 — New Look v OHIM (NEW LOOK) (Community trade mark — Application for the Community word mark NEW LOOK — Absolute ground for refusal — Lack of distinctive character acquired through use — Article 7(3) of Regulation (EC) No 40/94)

    SL C 19, 24.1.2009, p. 28–29 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    24.1.2009   

    EN

    Official Journal of the European Union

    C 19/28


    Judgment of the Court of First Instance of 26 November 2008 — New Look v OHIM (NEW LOOK)

    (Case T-435/07) (1)

    (Community trade mark - Application for the Community word mark NEW LOOK - Absolute ground for refusal - Lack of distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94)

    (2009/C 19/54)

    Language of the case: English

    Parties

    Applicant: New Look Ltd (Weymouth, United Kingdom) (represented by: S. Malynicz, Barrister, and M. Blair and K. Gilbert, Solicitors)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)

    Re:

    Action against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 670/2007-2) relating to the registration of the word sign NEW LOOK as a Community trade mark

    Operative part of the judgment

    The Court:

    1.

    Dismisses the action;

    2.

    Orders New Look Ltd to pay the costs.


    (1)  OJ C 37, 9.2.2008.


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