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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
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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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