CELEX: 62008TJ0191
Community trade mark
Application for registration of a figurative Community trade mark representing an exclamation mark in a rectangle
Absolute ground for refusal
No distinctive character
No distinctive character acquired through use
Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the First Board of Appeal of OHIM of 6 March 2008 (Case R 1822/2007-1) relating to
an application for registration of a figurative sign as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
JOOP! GmbH
Community trade mark sought:
Figurative mark representing an exclamation mark in a rectangle, for goods in Classes 14, 18 and 25 – Application No 5332176
Decision of the Examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders JOOP! GmbH to pay the costs.