Source: EURLEX
Language: en
Format: md

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| 18.4.2009 | EN | Official Journal of the European Union | C 90/26 |

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Judgment of the Court of First Instance of 10 March 2009 — Piccoli v OHIM (Shape of a sea shell)

(Case T-8/08)[(1)](#ntr1-C_2009090EN.01002601-E0001)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a seashell - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94)

2009/C 90/41

Language of the case: Italian

Parties

Applicant: G. M. Piccoli Srl (Alzano Lombardo, Italy) (represented by: S. Giudici and S. Caselli, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 September 2007 (Case R 530/2007-1) concerning an application to register as a Community trade mark a three-dimensional sign consisting of the shape of a sea shell.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders G. M. Piccoli Srl to pay the costs. |

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