Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 12 September 2007 – Glaverbel v OHIM (Texture of a glass surface)**

**(Case T-141/06)**

Community trade mark – Application for a Community figurative mark representing the texture of a glass surface – Absolute ground for refusal – Absence of evidence of distinctive character acquired through use

1.                     *Community trade mark – Appeals procedure – Action before the Community judicature (Rules of Procedure of the Court of First
Instance, Art. 135(4)) (see para. 14)*

2.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
of any distinctive character – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94,
Art. 7(1)(b), (2) and (3)) (see paras 19-23, 32-40)*

3.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Absence of
distinctive character – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94, Art. 7(1)(b)
and (3)) (see paras 35-38)*

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 1 March 2006 (Case R 0986/2004-4), relating to an application for registration as a Community trade mark of a figurative mark representing the texture of a glass surface. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Glaverbel SA |
| Community trade mark sought: | Figurative mark consisting of a motif applied to the surface of goods of Classes 19 and 21 – Application No 3183068 |
| Decision of the Examiner: | Application for a community trade mark for all goods is dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the appeal; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Glaverbel SA to pay the costs. |

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