Judgment — ECLI:EU:T:2000:95
Date: 2000-03-30
Language of the case: English
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Acquisition of distinctive character through use
Procedure: Action for annulment - unfounded

Summary of the Judgment 
Community trade mark — Definition and acquisition of the Community trade mark — 
Absolute grounds for refusal — Lack of distinctive character — Exception — Acquisition 
through use — Scope — Trade mark devoid of distinctive character in a part of the 
Community — Acquisition through use in that same part 
(Council Regulation No 40/94, Art. 7(3)) 
II - 1925 
SUMMARY — CASE T-91/99 
In order to have the registration of a trade 
mark accepted under Article 7(3) of Reg­
ulation No 40/94 on the Community trade 
mark, the distinctive character acquired 
through the use of that trade mark must be 
demonstrated in the substantial part of the 
Community where it was devoid of any 
such character under Article 7(1 )(b), (c) 
and (d) of that regulation. 
(see para. 27) 
II - 1926