Source: EURLEX
Language: en
Format: md

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| 9.10.2004 | EN | Official Journal of the European Union | C 251/22 |

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Action brought on 25 June 2004 by BIC S.A. against the Office for Harmonisation in the Internal Market

(Case T-263/04)

(2004/C 251/41)

Language of the case: French

An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 25 June 2004 by BIC S.A., established in Clichy (France), represented by Michel-Paul Escande, lawyer.

The applicant claims that the Court should:

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| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 April 2004 (Case R 468/2003-4),[(1)](#ntr1-C_2004251EN.01002202-E0001) in so far as it decided that Community trade mark application No 1 738 566 should be refused on the grounds laid down in Article 7 of Regulation No 40/94, since BIC has shown that the conditions for the application of that article were not satisfied in the present case; |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments:

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| Community trade mark applied for: | Three-dimensional trade mark in the shape of a lighter. |
| Goods or services: | Goods in Class 34 (smoker's articles, lighters) — application No 1 738 566. |
| Decision contested before the Board of Appeal: | Refusal to register by the examiner. |
| Decision of the Board of Appeal: | Appeal dismissed. |
| Pleas in law: | The applicant has shown that the shape of the lighter in respect of which the application for registration as a Community trade mark was made is widely recognised by consumers as belonging to it.  The applicant has established that the shape of the BIC lighter had acquired a distinctive character within the meaning of Article 7 of Regulation (EC) No 40/94. |

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