Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

*|*

# 62000A0140

**Judgment of the Court of First Instance (Fourth Chamber) of 3 October 2001. - Zapf Creation AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). - Community trade mark - "New Born Baby" - Absolute grounds for refusal - Article 7(1)(b) and (c) of Regulation (EC) No 40/94. - Case T-140/00.** 
  
*European Court reports 2001 Page II-02927*

  

[Parties](#I1)  
[Grounds](#MO)  
[Decision on costs](#CO)  
[Operative part](#DI)

## Parties

  
*In Case T-140/00,

Zapf Creation AG, established in Rödental (Germany), represented by A. Kockläuner, avocat, with an address for service in Luxembourg,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by D. Schennen, A. von Mühlendahl and C. Røhl Søberg, acting as Agents, with an address for service in Luxembourg,

defendant,

ACTION brought against the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 March 2000 (Case R 348/1999-3) relating to the registration of `New Born Baby' as a Community trade mark,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES

(Fourth Chamber),

composed of: P. Mengozzi, President, V. Tiili and R.M. Moura Ramos, Judges,

Registrar: D. Christensen, Administrator,

having regard to the application lodged at the Registry of the Court of First Instance on 25 May 2000,

having regard to the response lodged at the Registry of the Court of First Instance on 9 August 2000,

having regard to the documents submitted by the applicant at the hearing of 8 March 2001 with the defendant's consent,

further to that hearing,

gives the following

Judgment*

## Grounds

[Top](#document1)