Judgment — ECLI:EU:T:2010:212
Date: 2010-05-19
Language of the case: Italian
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Netherlands

Judgment of the General Court (Seventh Chamber) of 19 May 2010 – Zeta Europe v OHIM (Superleggera) (Case T-464/08) Community trade mark – Application for the figurative Community trade mark Superleggera – 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) – Examination of the facts of its own motion – Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009) – Duty to state reasons – Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 21, 24, 31-32) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 17 July 2008 (Case R 666/2008-1), concerning an application for the registration of the figurative sign Superleggera as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Zeta Europe BV Community trade mark sought: Figurative mark Superleggera for goods in Classes 12, 18 and 25 – Application No 5456207 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Zeta Europe BV to pay the costs.