CELEX: 62007TJ0058
Language: en
Date: 2008-07-09
Title: Judgment of the Court of First Instance (Fourth Chamber) of 9 July 2008. # BYK-Chemie GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark Substance for Success - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-58/07.

Judgment of the Court of First Instance (Fourth Chamber) of 9 July 2008 – BYK‑Chemie v OHIM (Substance for Success)
      (Case T-58/07)
      Community trade mark – Application for the Community word mark Substance for Success – 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 24-25, 30)
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 January 2007 (Case R 816/2006-4) concerning
                  an application for registration of the word sign Substance for Success as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               BYK-Chemie GmbH
            
         
               Community trade mark sought:
            
            
               Word mark Substance for Success for goods and services in Classes 1 and 40 to 42 – Application No 3660552
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders BYK-Chemie GmbH to pay the costs.