Order — ECLI:EU:T:2009:122
Date: 2009-04-28
Language of the case: German
Court formation: Third 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: Germany

Order of the Court of First Instance of 28 April 2009 - Tailor v OHIM (Representation of a right pocket) (Case T-283/07) 1 (Community trade mark - Application for Community figurative mark representing a right pocket - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Action manifestly devoid of any legal basis) Language of the case: German Parties Applicant: Tom Tailor GmbH (Hamburg, Germany) (represented by: S.O. Gillert, K. Vanden Bossche and F. Schiwek, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent) Re: Action brought against the decision of the First Board of Appeal of OHIM of 15 May 2007 (Case R 668/2006-1), concerning registration as a Community trade mark of a figurative sign representing a right pocket. Operative part of the judgment The Court: 1. Dismisses the action as manifestly devoid of any legal basis; 2. Orders Tom Tailor GmbH to pay the costs. ____________ 1 - OJ C 235, 6.10.2007.