Back to EUR-Lex homepage

EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

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
You are here

Document 62007TJ0058

Judgment of the Court of First Instance (Fourth Chamber) of 9 July 2008.
BYK-Chemie GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark Substance for Success - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94.
Case T-58/07.

European Court Reports 2008 II-00134*

ECLI identifier: ECLI:EU:T:2008:269





Judgment of the Court of First Instance (Fourth Chamber) of 9 July 2008 – BYK‑Chemie v OHIM (Substance for Success)

(Case T-58/07)

Community trade mark – Application for the Community word mark Substance for Success – 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 24-25, 30)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 January 2007 (Case R 816/2006-4) concerning an application for registration of the word sign Substance for Success as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

BYK-Chemie GmbH

Community trade mark sought:

Word mark Substance for Success for goods and services in Classes 1 and 40 to 42 – Application No 3660552

Decision of the examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders BYK-Chemie GmbH to pay the costs.

Top