Source: EURLEX
Language: en
Format: md

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| 7.2.2009 | EN | Official Journal of the European Union | C 32/32 |

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Judgment of the Court of First Instance of 17 December 2008 — Somm v OHIM

(Case T-351/07)[(1)](#ntr1-C_2009032EN.01003203-E0001)

(Community trade mark - Application for Community tri-dimensional mark - Shelter for shade - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character acquired by use - Article 7(3) of Regulation (EC) No 40/94)

(2009/C 32/61)

Language of the case: Italian

Parties

Applicant: Somm Srl (San Mauro Torinese, Italy) (represented by: M. Ferro, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and P. Bullock, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 June 2007 (Case R 1653/2006-1) concerning an application for registration of a tri-dimensional sign representing a shelter for shade as a Community trade mark.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Somm Srl to pay the costs. |

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