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Document 62007TJ0400

    Judgment of the Court of First Instance (Eighth Chamber) of 12 November 2008.
    GretagMacbeth LLC v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for Community colour mark - Combination of 24 coloured squares - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94.
    Case T-400/07.

    European Court Reports 2008 II-00257*

    ECLI identifier: ECLI:EU:T:2008:492

    Date of document:
    12/11/2008
    Date lodged:
    05/11/2007
    Author:
    General Court
    Country or organisation from which the request originates:
    Third countries
    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:
    Papasavvas
    Treaty:
    Treaty establishing the European Economic Community
    Link
    Select all documents mentioning this document
    Instruments cited in case law:





    Judgment of the Court of First Instance (Eighth Chamber) of 12 November 2008 – GretagMacbeth v OHIM (Combination of 24 coloured squares)

    (Case T-400/07)

    Community trade mark – Application for Community colour mark – Combination of 24 coloured squares – 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 39, 41-43, 50, 53-55)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 August 2007 (Case R 30/2007-4) concerning an application for registration as a Community trade mark of a colour sign composed of 24 coloured squares.

    Information relating to the case

    Applicant for the Community trade mark:

    GretagMacbeth LLC

    Community trade mark sought:

    Mark consisting of a combination of 24 coloured squares for goods and services in Classes 9, 16 and 42 – Application No 4634572

    Decision of the examiner:

    Registration refused

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the application;

    2.

    Orders GretagMacbeth LLC to pay the costs.

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