Judgment — ECLI:EU:T:2005:464
Date: 2005-12-15
Language of the case: French
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Acquisition of distinctive character through use;Three-dimensional marks
Procedure: Action for annulment - unfounded
Origin: France

Judgment of the Court of First Instance (Third Chamber) of 15 December 2005 − BIC v OHIM (Shape of an elecronic lighter) (Case T-263/04) Community trade mark – Three-dimensional trade mark in the shape of an electronic lighter – Absolute ground for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Distinctive character acquired through use – Article 7(3) of Regulation (EC) No 40/94 1. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional mark – Shape of an electronic lighter (Council Regulation No 40/94, Art. 7(1)(b)) (see para. 34) 2. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Exception – Acquisition through use – Criteria for assessment (Council Regulation No 40/94, Art. 7(3)) (see paras 61-66) Re: ACTION for the annulment of the decision of the Fourth Chamber of the Board of Appeal of OHIM of 6 April 2004 (Case R 469/2003-4), in relation to the registration as a Community trade mark of a three-dimensional trade mark in the shape of an electronic lighter. Information relating to the case Applicant for the Community trade mark: BIC SA Community trade mark sought: Three-dimensional mark in the shape of a lighter Decision of the examiner: Refusal to register Decision of the Board of Appeal: Dismissal of the appeal Operative part The Court: 1. Dismisses the action; 2. Orders the applicant to pay the costs.