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Document 62007TJ0184

    Judgment of the Court of First Instance (Second Chamber) of 26 November 2008.
    Avon Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for the Community word mark ANEW ALTERNATIVE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 .
    Case T-184/07.

    European Court Reports 2008 II-00295*

    ECLI identifier: ECLI:EU:T:2008:532





    Judgment of the Court of First Instance (Second Chamber) of 26 November 2008 – Avon Products v OHIM (ANEW ALTERNATIVE)

    (Case T-184/07)

    Community trade mark – Application for the Community word mark ANEW ALTERNATIVE – 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 26, 32)

    Re:

    ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 March 2007 (Case R 1471/2006-2), concerning an application for registration as a Community trade mark of the word mark ANEW ALTERNATIVE.

    Information relating to the case

    Applicant for the Community trade mark:

    Avon Products, Inc.

    Community trade mark sought:

    Word mark ANEW ALTERNATIVE for goods in Class 3 – Application No 4357919

    Decision of the examiner:

    Registration refused

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Avon Products, Inc. to pay the costs.

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