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Case T-351/07: Judgment of the Court of First Instance of 17 December 2008 — Somm v OHIM (Community trade mark — Application for Community tri-dimensional mark — Shelter for shade — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 — Lack of distinctive character acquired by use — Article 7(3) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62007TA0351
62007TA0351
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Official Journal of the European Union
C 32/32
(Case T-351/07)
(Community trade mark - Application for Community tri-dimensional mark - Shelter for shade - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character acquired by use - Article 7(3) of Regulation (EC) No 40/94)
(2009/C 32/61)
Language of the case: Italian
Parties
Applicant: Somm Srl (San Mauro Torinese, Italy) (represented by: M. Ferro, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and P. Bullock, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 28 June 2007 (Case R 1653/2006-1) concerning an application for registration of a tri-dimensional sign representing a shelter for shade as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Somm Srl to pay the costs.
(<span class="super">1</span>) OJ C 283, 24.11.2007.