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Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009. # Fides B. Baldesberger v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a three-dimensional Community trade mark - Shape of tweezers - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009). # Case T-78/08.
ECLI:EU:T:2009:199
62008TJ0078
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(Case T-78/08)
(Community trade mark – Application for a three-dimensional Community trade mark – Shape of tweezers – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
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 25, 28-30)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 December 2007 (Case R 1405/2007-4) regarding an application for registration of a three-dimensional sign in the shape of tweezers as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Three-dimensional mark depicting tweezers, for goods in class 8 – Application No 5480108
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Ms Fides B. Baldesberger to pay the costs.