Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Sixth Chamber) of 10 October 2008 – Imperial Chemical Industries v OHIM (LIGHT &
SPACE)**

**(Case T-224/07)**

Community trade mark – Application for registration of Community word mark LIGHT & SPACE – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94

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 23-29, 33-34, 36-40)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 March 2007 (Case R 1631/2006-1) concerning registration of the sign LIGHT & SPACE as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Imperial Chemical Industries plc |
| Community trade mark sought: | Word mark LIGHT & SPACE for goods in Class 2 – Application No 5147756 |
| Decision of the Examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Imperial Chemical Industries plc to pay the costs. |

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