Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Third Chamber) of 15 December 2005 − BIC v OHIM (Shape of an elecronic lighter)**

**(Case T-263/04)**

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 through use – Article 7(3) of Regulation (EC) No 40/94

1.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
of any distinctive character – Three-dimensional mark – Shape of an electronic lighter (Council Regulation No 40/94, Art.
7(1)(b)) (see para. 34)*

2.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
of any distinctive character – Exception – Acquisition through use – Criteria for assessment (Council Regulation No 40/94,
Art. 7(3)) (see paras 61-66)*

**Re:**

|  |
| --- |
| ACTION for the annulment of the decision of the Fourth Chamber of the Board of Appeal of OHIM of 6 April 2004 (Case R 469/2003-4), in relation to the registration as a Community trade mark of a three-dimensional trade mark in the shape of an electronic lighter. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | BIC SA |
| Community trade mark sought: | Three-dimensional mark in the shape of a lighter |
| Decision of the examiner: | Refusal to register |
| Decision of the Board of Appeal: | Dismissal of the appeal |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
|  |  | Dismisses the action; |

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

[Top](#document1)