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Judgment of the Court of First Instance (Fourth Chamber) of 9 July 2008. # BYK-Chemie GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark Substance for Success - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-58/07.
ECLI:EU:T:2008:269
62007TJ0058
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(Case T-58/07)
Community trade mark – Application for the Community word mark Substance for Success – 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 24-25, 30)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 January 2007 (Case R 816/2006-4) concerning an application for registration of the word sign Substance for Success as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark Substance for Success for goods and services in Classes 1 and 40 to 42 – Application No 3660552
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders BYK-Chemie GmbH to pay the costs.