Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 21 October 2008 – Cassegrain v OHIM (Shape of a bag)**

**(Case T-73/06)**

Community trade mark – Application for a Community figurative mark – Shape of a bag – 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 27-28)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 December 2005 (Case R 687/2005-2) concerning the registration of the figurative sign Shape of a bag as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Jean Cassegrain SAS |
| Community trade mark sought: | Figurative mark representing a bag for goods in Class 18 – Application No 003598571 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Jean Cassegrain SAS to pay the costs. |

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