Judgment — ECLI:EU:T:2008:454
Date: 2008-10-21
Language of the case: French
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Figurative marks
Procedure: Action for annulment - unfounded
Origin: France

Judgment of the Court of First Instance (Second Chamber) of 21 October 2008 – Cassegrain v OHIM (Shape of a bag) (Case T-73/06) Community trade mark – Application for a Community figurative mark – Shape of a bag – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 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 27-28) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 December 2005 (Case R 687/2005-2) concerning the registration of the figurative sign Shape of a bag as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Jean Cassegrain SAS Community trade mark sought: Figurative mark representing a bag for goods in Class 18 – Application No 003598571 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Jean Cassegrain SAS to pay the costs.