Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

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.

European Court Reports 2009 II-00189*

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

Date of document:
30/09/2009
Date lodged:
13/02/2008
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:
EU institutions and bodies, European Union Intellectual Property Office
Judge-Rapporteur:
Moavero Milanesi
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 (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.

Top