Judgment — ECLI:EU:T:2007:273
Date: 2007-09-12
Language of the case: English
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Actions before the Community Courts;Acquisition of distinctive character through use
Procedure: Action for annulment - unfounded
Origin: Belgium

Order of the Court of First Instance of 12 September 2007 - Glaverbel v OHIM (Texture of a glass surface) (Case T-141/06) 1 (Community trade mark - Application for a Community figurative mark representing the texture of a glass surface - Absolute ground for refusal - Absence of evidence of distinctive character acquired through use) Language of the case: English Parties Applicant: Glaverbel SA (Brussels, Belgium) (represented by: S. Möbus and T. Koerl, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: Ó. Mondéjar, acting as Agent) Re: Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 March 2006 (Case R 0986/2004-4), relating to an application for registration as a Community trade mark of a figurative mark representing the texture of a glass surface. Operative part of the judgment The Court: 1. Dismisses the action. 2. Orders Glaverbel SA to pay the costs. ____________ 1 - OJ C 178, 29.7.2006.