Source: EURLEX
Language: en
Format: md

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| 11.3.2006 | EN | Official Journal of the European Union | C 60/38 |

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Judgment of the Court of First Instance of 15 December 2005 — BIC v OHIM

(Case T-262/04)[(1)](#ntr1-C_2006060EN.01003801-E0001)

(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 by use - Article 7(3) of Regulation (EC) No 40/94)

(2006/C 60/74)

Language of the case: French

Parties

Applicant: BIC SA (Clichy, France) (represented by: M.-P Escande and A. Guillemin, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Action

brought against the decision of the Fourth Chamber of the Board of Appeal of OHIM of 6 April 2004 (Case R 468/2003-4), in relation to the registration as a Community trade mark of a three-dimensional trade mark in the shape of an electronic lighter

Operative part of the judgment

The Court:

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| 1. | Dismisses the application. |

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| 2. | Orders the applicant to pay the costs. |

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