CELEX: 62009TJ0007
Community trade mark
Application for a Community trade mark in the form of a presentation of part of a chuck with three grooves
Absolute ground for refusal
Lack of distinctive character
Lack of distinctive character acquired by use
Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the First Board of Appeal of OHIM of 31 October 2008 (Case R 1109/2007-1) concerning
the registration of the sign in the form of a presentation of part of a chuck with three grooves as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Schunk GmbH & Co. KG Spann- und Greiftechnik
Community trade mark sought:
Mark showing the cylinder-shaped section of a chuck for goods in Classes 7 and 8 – Application No 3098894
Decision of the Examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Schunk GmbH & Co. KG Spann- und Greiftechnik to pay the costs.