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Order of the Court of First Instance (First Chamber) of 5 December 2007. # Kapman AB v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a Community figurative mark representing a saw blade in the colour blue - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Action manifestly lacking any foundation in law. # Case T-127/06.
ECLI:EU:T:2007:366
62006TO0127
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(Case T-127/06)
Community trade mark – Application for a Community figurative mark representing a saw blade in the colour blue – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Action manifestly lacking any foundation in law
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, 27, 29)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 10 February 2006 (Case R 303/2004-2), refusing registration as a Community trade mark of a figurative mark in the colour blue representing a saw blade.
Operative part
The Court:
1.Dismisses the action as manifestly lacking any foundation in law;
2.Orders Kapman AB to pay the costs.