CELEX: 62008TJ0008
Community trade mark
Application for a three-dimensional Community trade mark
Shape of a seashell
Absolute ground for refusal
Lack of distinctive character
Article 7(1)(b) of Regulation (EC) No 40/94
Lack of distinctive character acquired through use
Article 7(3) of Regulation No 40/94

ACTION brought against the decision of the First Board of Appeal of OHIM of 28 September 2007 (Case R 530/2007-1) concerning
an application to register as a Community trade mark a three‑dimensional sign consisting of the shape of a seashell.
Information relating to the case
Applicant for the Community trade mark:
G.M. Piccoli Srl
Community trade mark sought:
Three-dimensional mark representing the shape of a seashell seen from four different angles for goods in Class 30 – Appliction
No 4522892
Decision of the Examiner:
Application for registration dismissed in respect of ‘preparations of cereals, patisseries, confectionery and ice cream’
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders G.M. Piccoli Srl to pay the costs.