Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009 – JOOP! v OHIM (Representation of an exclamation
mark in a rectangle)**

**(Case T-191/08)**

Community trade mark – Application for registration of a figurative Community trade mark representing an exclamation mark in a rectangle – Absolute ground for refusal – No distinctive character – No distinctive character acquired through use – Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 207/2009)

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94, Art. 7(1)(b) and (3)) (see paras 25-30, 42-47)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 6 March 2008 (Case R 1822/2007-1) relating to an application for registration of a figurative sign as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | JOOP! GmbH |
| Community trade mark sought: | Figurative mark representing an exclamation mark in a rectangle, for goods in Classes 14, 18 and 25 – Application No 5332176 |
| Decision of the Examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders JOOP! GmbH to pay the costs. |

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