(Case T-388/04)

Community trade mark – Figurative mark in the form of a longitudinal line ending with a triangle – Refusal to register – Lack of distinctive character – Acquisition of a distinctive character through use

Community trade marks – 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(3)) (see points 39-42)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 20 July 2004 (R 175/2004-1) which refused to register the figurative mark ‘Longitudinal line ending with a triangle’ as a Community trade mark.

Information relating to the case:

Applicant for the Community trade mark:

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Community trade mark sought:

Figurative mark consisting of a longitudinal line ending with a triangle – Application No 3.235.157 for goods in Class 25 (clothes, shoes, hats, including sports shoes)

Proprietor of the mark or sign cited in the opposition proceedings:

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Mark or sign cited:

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Decision of the Opposition Division:

Dismissal of the application, the mark being considered as falling under the absolute grounds for refusal referred to in Article 7(1)(b) of Regulation No 40/94 on the Community trade mark

Decision of the Board of Appeal:

Dismissal of the appeal

Operative part

The Court:

1.Dismisses the action;

2.Orders the applicant to pay the costs.