CELEX: 62008TJ0458
Community trade mark
Application for a Community figurative mark representing the head of a guitar in silver, grey and brown
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)
Examination of the facts of its own motion
Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009)
Obligation to state reasons
The first sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009)
Equal treatment

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 July 2008 (Case R 78/2007-4), concerning the
registration as a Community trade mark of the figurative sign representing the head of a guitar in the colours silver, grey
and brown.
Information relating to the case
Applicant for the Community trade mark:
Hans-Peter Wilfer
Community trade mark sought:
Figurative mark representing the head of a guitar in the colours silver, grey and brown, for goods in Classes 9 and 15 – Application
No 2639821
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Hans-Peter Wilfer to pay the costs.