CELEX: 62008TJ0075
Community trade mark
Application for registration of a figurative Community trade mark representing an exclamation mark
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 26 November 2007 (Case R 1134/2007‑1) 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 for goods in Classes 14, 18 and 25 – Application No 5332184
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.