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Document 62007TO0282

Order of the Court of First Instance (Third Chamber) of 28 April 2009.
Tom Tailor GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for Community figurative mark representing a left pocket - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Action manifestly devoid of any legal basis.
Case T-282/07.

European Court Reports 2009 II-00044*

ECLI identifier: ECLI:EU:T:2009:121





Order of the Court of First Instance (Third Chamber) of 28 April 2009 – Tailor v OHIM (Representation of a left pocket)

(Case T-282/07)

Community trade mark – Application for Community figurative mark representing a left pocket – Absolute ground for refusal – Absence of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Action manifestly devoid of any legal basis

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 20-24)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 15 May 2007 (Case R 669/2006-1), concerning registration as a Community trade mark of a figurative sign representing a left pocket.

Operative part

1.

The action is dismissed as manifestly devoid of any legal basis.

2.

Tom Tailor GmbH is ordered to pay the costs.

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