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Judgment of the Court of First Instance (Second Chamber) of 26 November 2008. # Avon Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark ANEW ALTERNATIVE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 . # Case T-184/07.
ECLI:EU:T:2008:532
62007TJ0184
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(Case T-184/07)
Community trade mark – Application for the Community word mark ANEW ALTERNATIVE – 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 26, 32)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 March 2007 (Case R 1471/2006-2), concerning an application for registration as a Community trade mark of the word mark ANEW ALTERNATIVE.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark ANEW ALTERNATIVE for goods in Class 3 – Application No 4357919
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Avon Products, Inc. to pay the costs.