CELEX: 62007TJ0396
Community trade mark
Application for the Community word mark UNIQUE
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)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 585/2007-2) concerning
an application for registration of the word sign UNIQUE as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
France Télécom
Community trade mark sought:
Word mark UNIQUE for goods and services in Classes 9, 35 and 38 – Application No 5312392
Decision of the Examiner:
Partial refusal of registration
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders France Télécom to pay the costs.