CELEX: 62007TJ0058
Community trade mark
Application for the Community word mark Substance for Success
Absolute ground for refusal
Lack of distinctive character
Article 7(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 January 2007 (Case R 816/2006-4) concerning
an application for registration of the word sign Substance for Success as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
BYK-Chemie GmbH
Community trade mark sought:
Word mark Substance for Success for goods and services in Classes 1 and 40 to 42 – Application No 3660552
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders BYK-Chemie GmbH to pay the costs.