Judgment — ECLI:EU:T:2006:107
Date: 2006-04-05
Language of the case: Spanish
Court formation: First 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
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Spain

Judgment of the Court of First Instance of 5 April 2006 - Kachakil Amar v OHIM (Case T-388/04) 1 (Community trade mark - Figurative mark in the form of a longitudinal line ending with a triangle - Refusal to register - Lack of distinctive character - Acquisition of a distinctive character through use) Language of the case: Spanish Parties Applicant: Habib Kachakil Amar (Valencia, Spain) (represented by: J. C. Heder, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar, agent) Re: Action brought against the decision of the First Board of Appeal of OHIM of 20 July 2004 (R 175/2004-1) which refused to register the figurative mark "Longitudinal line ending with a triangle" as a Community trade mark Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders the applicant to pay the costs. ____________ 1 - OJ C 284 of 20.11.2004