Judgment — ECLI:EU:T:2008:534
Date: 2008-11-26
Language of the case: English
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded
Origin: United Kingdom

Judgment of the Court of First Instance (Eighth Chamber) of 26 November 2008 – New Look v OHIM (NEW LOOK) (Case T-435/07) Community trade mark – Application for the Community word mark NEW LOOK – Absolute ground for refusal – Lack of distinctive character acquired through use – Article 7(3) of Regulation (EC) No 40/94 Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(3)) (see paras 18, 23-26) Re: ACTION against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 670/2007-2) relating to the registration of the word sign NEW LOOK as a Community trade mark. Information relating to the case Applicant for the Community trade mark: New Look Ltd Community trade mark sought: Word mark NEW LOOK for goods and services in Classes 3, 9, 14, 16, 18, 25, 26 and 35 – Application No 2932606 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders New Look Ltd to pay the costs.