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Document 62004TJ0263

Judgment of the Court of First Instance (Third Chamber) of 15 December 2005.
BIC SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Three-dimensional trade mark in the shape of an electronic lighter - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94.
Case T-263/04.

European Court Reports 2005 II-00035*

ECLI identifier: ECLI:EU:T:2005:464





Judgment of the Court of First Instance (Third Chamber) of 15 December 2005 − BIC v OHIM (Shape of an elecronic lighter)

(Case T-263/04)

Community trade mark – Three-dimensional trade mark in the shape of an electronic lighter – Absolute ground for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Distinctive character acquired through use – Article 7(3) of Regulation (EC) No 40/94

1.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional mark – Shape of an electronic lighter (Council Regulation No 40/94, Art. 7(1)(b)) (see para. 34)

2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Exception – Acquisition through use – Criteria for assessment (Council Regulation No 40/94, Art. 7(3)) (see paras 61-66)

Re:

ACTION for the annulment of the decision of the Fourth Chamber of the Board of Appeal of OHIM of 6 April 2004 (Case R 469/2003-4), in relation to the registration as a Community trade mark of a three-dimensional trade mark in the shape of an electronic lighter.

Information relating to the case

Applicant for the Community trade mark:

BIC SA

Community trade mark sought:

Three-dimensional mark in the shape of a lighter

Decision of the examiner:

Refusal to register

Decision of the Board of Appeal:

Dismissal of the appeal


Operative part

The Court:

 

Dismisses the action;

 

Orders the applicant to pay the costs.

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