Order — ECLI:EU:C:2008:577
Date: 2008-10-17
Language of the case: English
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Appeals
Procedure: Action for annulment;Appeal - unfounded
Origin: Belgium

Order of the Court (Sixth Chamber) of 17 October 2008 – AGC Flat Glass Europe (formerly Glaverbel) v OHIM (Case C‑513/07 P) Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 7(3) – Figurative mark representing the texture of a glass surface – Refusal of registration – Evidence of distinctive character acquired through use – Target public and territory to be considered Appeals – Grounds – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 29) Re: Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 12 September 2007 in Case T‑141/06 Glaverbel v OHIM by which the Court dismissed an action seeking annulment of Decision R 986/2004-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 1 March 2006 dismissing the action brought against the examiner’s decision refusing registration of a figurative mark representing the texture of a glass surface for certain goods in Classes 19 and 21. Operative part The Court: 1. Dismisses the appeal; 2. Orders AGC Flat Glass Europe SA to pay the costs.