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Document 62007TJ0224

Judgment of the Court of First Instance (Sixth Chamber) of 10 October 2008.
Imperial Chemical Industries plc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for registration of Community word mark LIGHT & SPACE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94.
Case T-224/07.

European Court Reports 2008 II-00214*

ECLI identifier: ECLI:EU:T:2008:428





Judgment of the Court of First Instance (Sixth Chamber) of 10 October 2008 – Imperial Chemical Industries v OHIM (LIGHT & SPACE)

(Case T-224/07)

Community trade mark – Application for registration of Community word mark LIGHT & SPACE – 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 23-29, 33-34, 36-40)

Re:

ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 March 2007 (Case R 1631/2006-1) concerning registration of the sign LIGHT & SPACE as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Imperial Chemical Industries plc

Community trade mark sought:

Word mark LIGHT & SPACE for goods in Class 2 – Application No 5147756

Decision of the Examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Imperial Chemical Industries plc to pay the costs.

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