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Judgment of the General Court (Second Chamber) of 12 September 2007.#Glaverbel SA v European Union Intellectual Property Office.#Case T-141/06.
ECLI:EU:T:2007:273
62006TJ0141
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Judgment of the Court of First Instance (Second Chamber) of 12 September 2007 – Glaverbel v OHIM (Texture of a glass surface)
(Case T-141/06)
Community trade mark – Application for a Community figurative mark representing the texture of a glass surface – Absolute ground for refusal – Absence of evidence of distinctive character acquired through use
3. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Absence of distinctive character – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94, Art. 7(1)(b) and (3)) (see paras 35-38)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 1 March 2006 (Case R 0986/2004-4), relating to an application for registration as a Community trade mark of a figurative mark representing the texture of a glass surface.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Figurative mark consisting of a motif applied to the surface of goods of Classes 19 and 21 – Application No 3183068
Decision of the Examiner:
Application for a community trade mark for all goods is dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the appeal;
2.Orders Glaverbel SA to pay the costs.