Source: EURLEX
Language: en
Format: md

**Order of the Court of First Instance (Third Chamber) of 28 April 2009 – Tailor v OHIM (Representation of a left pocket)**

**(Case T-282/07)**

Community trade mark – Application for Community figurative mark representing a left pocket – Absolute ground for refusal – Absence of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Action manifestly devoid of any legal basis

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 20-24)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 15 May 2007 (Case R 669/2006-1), concerning registration as a Community trade mark of a figurative sign representing a left pocket. |

**Operative part**

|  |  |  |
| --- | --- | --- |
| 1. |  | The action is dismissed as manifestly devoid of any legal basis. |

|  |  |  |
| --- | --- | --- |
| 2. |  | Tom Tailor GmbH is ordered to pay the costs. |

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