CELEX: 62007TJ0391
Community trade mark
Application for a three-dimensional Community trade mark
Hand grip
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)
Duty to give reasons
Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009)
Principle of examination of the facts of its own motion
Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009)

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 16 August 2007 (Case R 361/2007-4) and against
the decision of the examiner of OHIM of 16 January 2007 in that case, in so far as it rejects Community trade mark application
No 4396727 for certain goods covered by that mark.
Information relating to the case
Applicant for the Community trade mark:
Alfons Alber
Community trade mark sought:
Three‑dimensional trade mark representing a hand grip in respect of goods in Classes 6 and 8 – Application No 4396727
Decision of the Examiner:
Registration partially refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Alfons Alber to pay the costs.