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Judgment of the Court of First Instance (Sixth Chamber) of 10 October 2008. # Imperial Chemical Industries plc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for registration of Community word mark LIGHT & SPACE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-224/07.
ECLI:EU:T:2008:428
62007TJ0224
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(Case T-224/07)
Community trade mark – Application for registration of Community word mark LIGHT & SPACE – 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 23-29, 33-34, 36-40)
Re:
ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 March 2007 (Case R 1631/2006-1) concerning registration of the sign LIGHT & SPACE as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark LIGHT & SPACE for goods in Class 2 – Application No 5147756
Decision of the Examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Imperial Chemical Industries plc to pay the costs.