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Community trade mark – Application for Community figurative mark packaging – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 30-31, 44-45)
ACTION brought against the decision of the First Board of Appeal of OHIM of 11 December 2008 (Case R 1063/2008-1), concerning an application for registration of the figurative sign packaging as a Community trade mark.
Applicant for the Community trade mark:
Community trade mark sought:
Figurative mark packaging for goods and services in Classes 16, 17 and 42 – Application No 6354311
Decision of the Opposition Division:
Registration partially refused
Decision of the Board of Appeal:
Appeal dismissed
The Court:
1.Dismisses the action;
2.Orders Micro Shaping Ltd to pay the costs.