Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Third Chamber) of 14 September 2009 – Lange Uhren v OHIM (Geometric shapes on a watch-face)**

**(Case T-152/07)**

Community trade mark – Application for a Community figurative mark – Geometric shapes on a watch-face – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) – Lack of distinctive character acquired through use – Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation 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 – Distinctive character acquired through use (Council Regulation No 40/94, Art. 7(1)(b) and (3)) (see paras 77, 82, 87-92,
130-136, 142-143)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 15 February 2007 (Case R 1176/2005-1) concerning an application for registration as a Community trade mark of a figurative sign representing geometric shapes on a watch-face. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Lange Uhren GmbH |
| Community trade mark sought: | Figurative mark representing geometric shapes on a watch-face for goods in Class 14 – Application No 2542694 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Lange Uhren GmbH to pay the costs. |

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