CELEX: 62007TJ0152
Community trade mark
Application for a Community figurative mark
Geometric shapes on a watch-face
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)
Lack of distinctive character acquired through use
Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009)

ACTION brought against the decision of the First Board of Appeal of OHIM of 15 February 2007 (Case R 1176/2005-1) concerning
an application for registration as a Community trade mark of a figurative sign representing geometric shapes on a watch-face.
Information relating to the case
Applicant for the Community trade mark:
Lange Uhren GmbH
Community trade mark sought:
Figurative mark representing geometric shapes on a watch-face for goods in Class 14 – Application No 2542694
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Lange Uhren GmbH to pay the costs.