CELEX: 62008TJ0078
Community trade mark
Application for a three-dimensional Community trade mark
Shape of tweezers
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 Fourth Board of Appeal of OHIM of 12 December 2007 (Case R 1405/2007-4) regarding
an application for registration of a three-dimensional sign in the shape of tweezers as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Fides B. Baldesberger
Community trade mark sought:
Three-dimensional mark depicting tweezers, for goods in class 8 – Application No 5480108
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Ms Fides B. Baldesberger to pay the costs.