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Judgment of the Court of First Instance (Second Chamber) of 21 October 2008. # Jean Cassegrain SAS v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a Community figurative mark - Shape of a bag - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-73/06.
ECLI:EU:T:2008:454
62006TJ0073
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(Case T-73/06)
Community trade mark – Application for a Community figurative mark – Shape of a bag – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94
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 27-28)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 December 2005 (Case R 687/2005-2) concerning the registration of the figurative sign Shape of a bag as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Figurative mark representing a bag for goods in Class 18 – Application No 003598571
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Jean Cassegrain SAS to pay the costs.