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Order of the Court of First Instance (Third Chamber) of 28 April 2009. # Tom Tailor GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community figurative mark representing a right pocket - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Action manifestly devoid of any legal basis. # Case T-283/07.
ECLI:EU:T:2009:122
62007TO0283
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(Case T-283/07)
Community trade mark – Application for Community figurative mark representing a right pocket – Absolute ground for refusal – Absence of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Action manifestly devoid of any legal basis
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 20-24)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 15 May 2007 (Case R 668/2006-1), concerning registration as a Community trade mark of a figurative sign representing a right pocket.
Operative part
1.The action is dismissed as manifestly devoid of any legal basis.
2.Tom Tailor GmbH is ordered to pay the costs.