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Case T-58/07: Judgment of the Court of First Instance of 9 July 2008 — BYK v OHIM (Substance for Success) (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)
ECLI:EU:UNKNOWN:62007TA0058
62007TA0058
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15.8.2008
Official Journal of the European Union
C 209/50
(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)
(2008/C 209/87)
Language of the case: German
Parties
Applicant: BYK-Chemie GmbH (Wesel, Germany) (represented by: J. Kroher and E. Hettenkofer, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
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
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders BYK-Chemie GmbH to pay the costs.
(<span class="super">1</span>) OJ C 95, 28.4.2007.