Judgment — ECLI:EU:T:2009:199
Date: 2009-06-11
Language of the case: German
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Three-dimensional marks
Procedure: Action for annulment - unfounded

Action brought on 18 February 2008 - Baldesberger v OHIM (shape of tweezers) (Case T-78/08) Language in which the application was lodged: German Parties Applicant: Fides B. Baldesberger (Lugano, Switzerland) (represented by F. Nielsen, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 12 December 2007 (Case R 1405/2007-4); order the defendant to pay the costs. Pleas in law and main arguments Community trade mark concerned: Three-dimensional mark depicting tweezers, for goods in class 8 (application No 5 480 108). Decision of the Examiner: Registration refused. Decision of the Board of Appeal: Appeal dismissed. Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94, 1 as the mark applied for has the requisite distinctive character. ____________ 1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).