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Case T-8/08: Judgment of the Court of First Instance of 10 March 2009 — Piccoli v OHIM (Shape of a sea shell) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a seashell — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 — Lack of distinctive character acquired through use — Article 7(3) of Regulation No 40/94)
ECLI:EU:UNKNOWN:62008TA0008
62008TA0008
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Official Journal of the European Union
18.4.2009
(Case T-8/08)
(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a seashell - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94)
2009/C 90/41
Language of the case: Italian
Parties
Applicant: G. M. Piccoli Srl (Alzano Lombardo, Italy) (represented by: S. Giudici and S. Caselli, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 28 September 2007 (Case R 530/2007-1) concerning an application to register as a Community trade mark a three-dimensional sign consisting of the shape of a sea shell.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders G. M. Piccoli Srl to pay the costs.
* * *
(1) OJ C 64, 8.3.2008.