Source: EURLEX
Language: en
Format: md

**Order of the Court of First Instance (First Chamber) of 5 December 2007 – Kapman v OHIM (Representation of a saw blade in
blue)**

**(Case T-127/06)**

Community trade mark – Application for a Community figurative mark representing a saw blade in the colour blue – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Action manifestly lacking any foundation in law

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 24-25, 27, 29)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 10 February 2006 (Case R 303/2004-2), refusing registration as a Community trade mark of a figurative mark in the colour blue representing a saw blade. |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action as manifestly lacking any foundation in law; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Kapman AB to pay the costs. |

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