Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Eighth Chamber) of 21 April 2010 – Schunk v OHIM (Presentation of part of a chuck)**

**(Case T-7/09)**

Community trade mark – Application for a Community trade mark in the form of a presentation of part of a chuck with three grooves – Absolute ground for refusal – Lack of distinctive character – Lack of distinctive character acquired by use – Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) of Regulation (EC) No 207/2009)

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)) (see paras 22, 33)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 31 October 2008 (Case R 1109/2007-1) concerning the registration of the sign in the form of a presentation of part of a chuck with three grooves as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Schunk GmbH & Co. KG Spann- und Greiftechnik |
| Community trade mark sought: | Mark showing the cylinder-shaped section of a chuck for goods in Classes 7 and 8 – Application No 3098894 |
| Decision of the Examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Schunk GmbH & Co. KG Spann- und Greiftechnik to pay the costs. |

[Top](#document1)