CELEX: 62004TJ0388
Community trade mark
Figurative mark in the form of a longitudinal line ending with a triangle
Refusal to register
Lack of distinctive character
Acquisition of a distinctive character through use

ACTION brought against the decision of the First Board of Appeal of OHIM of 20 July 2004 (R 175/2004-1) which refused to register
the figurative mark ‘Longitudinal line ending with a triangle’ as a Community trade mark.
Information relating to the case
:
Applicant for the Community trade mark:
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Community trade mark sought:
Figurative mark consisting of a longitudinal line ending with a triangle – Application No 3.235.157 for goods in Class 25
(clothes, shoes, hats, including sports shoes)
Proprietor of the mark or sign cited in the opposition proceedings:
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Mark or sign cited:
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Decision of the Opposition Division:
Dismissal of the application, the mark being considered as falling under the absolute grounds for refusal referred to in Article
7(1)(b) of Regulation No 40/94 on the Community trade mark
Decision of the Board of Appeal:
Dismissal of the appeal
Operative part
The Court:
1.
Dismisses the action;
2.
Orders the applicant to pay the costs.