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Document 62008TJ0075
Summary of the Judgment
Summary of the Judgment
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 |
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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. |