CELEX: 62004TJ0263
Community trade mark
Three-dimensional trade mark in the shape of an electronic lighter
Absolute ground for refusal
Distinctive character
Article 7(1)(b) of Regulation (EC) No 40/94
Distinctive character acquired through use
Article 7(3) of Regulation (EC) No 40/94

ACTION for the annulment of the decision of the Fourth Chamber of the Board of Appeal of OHIM of 6 April 2004 (Case R 469/2003-4),
in relation to the registration as a Community trade mark of a three-dimensional trade mark in the shape of an electronic
lighter.
Information relating to the case
Applicant for the Community trade mark:
BIC SA
Community trade mark sought:
Three-dimensional mark in the shape of a lighter
Decision of the examiner:
Refusal to register
Decision of the Board of Appeal:
Dismissal of the appeal
Operative part
The Court:

Dismisses the action;

Orders the applicant to pay the costs.