Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 26 November 2008 – Avon Products v OHIM (ANEW ALTERNATIVE)**

**(Case T-184/07)**

Community trade mark – Application for the Community word mark ANEW ALTERNATIVE – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94

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 26, 32)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 March 2007 (Case R 1471/2006-2), concerning an application for registration as a Community trade mark of the word mark ANEW ALTERNATIVE. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Avon Products, Inc. |
| Community trade mark sought: | Word mark ANEW ALTERNATIVE for goods in Class 3 – Application No 4357919 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Avon Products, Inc. to pay the costs. |

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