Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (First Chamber) of 5 April 2006 − Kachakil Amar v OHIM (longitudinal line ending with
a triangle)**

**(Case T-388/04)**

Community trade mark – Figurative mark in the form of a longitudinal line ending with a triangle – Refusal to register – Lack of distinctive character – Acquisition of a distinctive character through use

Community trade marks – 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(3)) (see points 39-42)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 20 July 2004 (R 175/2004-1) which refused to register the figurative mark ‘Longitudinal line ending with a triangle’ as a Community trade mark. |

**Information relating to the case**:

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | –– |
| Community trade mark sought: | Figurative mark consisting of a longitudinal line ending with a triangle – Application No 3.235.157 for goods in Class 25 (clothes, shoes, hats, including sports shoes) |
| Proprietor of the mark or sign cited in the opposition proceedings: | –– |
| Mark or sign cited: | –– |
| Decision of the Opposition Division: | Dismissal of the application, the mark being considered as falling under the absolute grounds for refusal referred to in Article 7(1)(b) of Regulation No 40/94 on the Community trade mark |
| Decision of the Board of Appeal: | Dismissal of the appeal |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders the applicant to pay the costs. |

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