CELEX: 62006TJ0073
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

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:
Jean Cassegrain SAS
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.