Judgment — ECLI:EU:T:2009:376
Date: 2009-09-30
Language of the case: German
Court formation: Seventh 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

Judgment of the Court of First Instance of 30 September 2009 - JOOP! v OHIM (Representation of an exclamation mark in a rectangle) (Case T-191/08) 1 (Community trade mark - Application for registration of a figurative Community trade mark representing an exclamation mark in a rectangle - Absolute ground for refusal - No distinctive character - No distinctive character acquired through use - Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 207/2009)) Language of the case: German Parties Applicant: JOOP! GmbH (Hamburg, Germany) (represented by: H. Schmidt-Hollburg, W. Möllering, A. Löhde, H. Leo, A. Witte, T. Frank, A. Theil, H-P. Rühland, B. Willers and T. Rein, 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 6 March 2008 (Case R 1822/2007-1) relating to an application for registration of a figurative sign as a Community trade mark. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders JOOP! GmbH to pay the costs. ____________ 1 - OJ C 183, 19.7.2008.