Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (First Chamber) of 10 March 2009 – Piccoli v OHIM (Shape of a seashell)**

**(Case T-8/08)**

Community trade mark – Application for a three-dimensional Community trade mark – Shape of a seashell – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Lack of distinctive character acquired through use – Article 7(3) of Regulation 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(1)(b) and (3) (see paras 17, 21-25, 38-40)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 28 September 2007 (Case R 530/2007-1) concerning an application to register as a Community trade mark a three‑dimensional sign consisting of the shape of a seashell. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | G.M. Piccoli Srl |
| Community trade mark sought: | Three-dimensional mark representing the shape of a seashell seen from four different angles for goods in Class 30 – Appliction No 4522892 |
| Decision of the Examiner: | Application for registration dismissed in respect of ‘preparations of cereals, patisseries, confectionery and ice cream’ |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders G.M. Piccoli Srl to pay the costs. |

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