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Document 62007TO0283

    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 right 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-283/07.

    European Court Reports 2009 II-00046*

    ECLI identifier: ECLI:EU:T:2009:122





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

    (Case T-283/07)

    Community trade mark – Application for Community figurative mark representing a right 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 668/2006-1), concerning registration as a Community trade mark of a figurative sign representing a right 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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