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Document 62007TJ0152

Judgment of the Court of First Instance (Third Chamber) of 14 September 2009.
Lange Uhren GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for a Community figurative mark - Geometric shapes on a watch-face - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009).
Case T-152/07.

European Court Reports 2009 II-00144*

ECLI identifier: ECLI:EU:T:2009:324

Date of document:
14/09/2009
Date lodged:
07/05/2007
Author:
General Court
Country or organisation from which the request originates:
Germany
Form:
Judgment
Authentic language:
German
Type of procedure:
Action for annulment - unfounded
Applicant:
Individual
Defendant:
European Union Intellectual Property Office, EU institutions and bodies
Judge-Rapporteur:
Frimodt Nielsen
Treaty:
Treaty establishing the European Economic Community
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Instruments cited in case law:





Judgment of the Court of First Instance (Third Chamber) of 14 September 2009 – Lange Uhren v OHIM (Geometric shapes on a watch-face)

(Case T-152/07)

Community trade mark – Application for a Community figurative mark – Geometric shapes on a watch-face – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) – Lack of distinctive character acquired through use – Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation 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 – Distinctive character acquired through use (Council Regulation No 40/94, Art. 7(1)(b) and (3)) (see paras 77, 82, 87-92, 130-136, 142-143)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 15 February 2007 (Case R 1176/2005-1) concerning an application for registration as a Community trade mark of a figurative sign representing geometric shapes on a watch-face.

Information relating to the case

Applicant for the Community trade mark:

Lange Uhren GmbH

Community trade mark sought:

Figurative mark representing geometric shapes on a watch-face for goods in Class 14 – Application No 2542694

Decision of the examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Lange Uhren GmbH to pay the costs.

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