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Judgment of the Court of First Instance (Third Chamber) of 15 December 2005. # BIC SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Three-dimensional trade mark in the shape of an electronic lighter - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94. # Case T-263/04.
ECLI:EU:T:2005:464
62004TJ0263
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(Case T-263/04)
Community trade mark – Three-dimensional trade mark in the shape of an electronic lighter – Absolute ground for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Distinctive character acquired through use – Article 7(3) of Regulation (EC) No 40/94
Re:
ACTION for the annulment of the decision of the Fourth Chamber of the Board of Appeal of OHIM of 6 April 2004 (Case R 469/2003-4), in relation to the registration as a Community trade mark of a three-dimensional trade mark in the shape of an electronic lighter.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Three-dimensional mark in the shape of a lighter
Decision of the examiner:
Refusal to register
Decision of the Board of Appeal:
Dismissal of the appeal
Operative part
The Court:
Dismisses the action;
Orders the applicant to pay the costs.