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Case T-73/06: Judgment of the Court of First Instance of 21 October 2008 — Cassegrain v OHIM (Shape of a bag) (Community trade mark — Application for a Community figurative mark — Shape of a bag — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62006TA0073
62006TA0073
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Official Journal of the European Union
C 313/29
(Case T-73/06)
(Community trade mark - Application for a Community figurative mark - Shape of a bag - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)
(2008/C 313/50)
Language of the case: French
Parties
Applicant: Jean Cassegrain SAS (Paris, France) (represented by: Y. Coursin and T. van Innis, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 8 December 2005 (Case R 687/2005-2) concerning the registration of the figurative sign Shape of a bag as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Jean Cassegrain SAS to pay the costs.
(<span class="super">1</span>) OJ C 108, 6.5.2006.