CELEX: 62007TJ0184
Language: en
Date: 2008-11-26 00:00:00
Title: Judgment of the Court of First Instance (Second Chamber) of 26 November 2008. # Avon Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark ANEW ALTERNATIVE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 . # Case T-184/07.

Judgment of the Court of First Instance (Second Chamber) of 26 November 2008 – Avon Products v OHIM (ANEW ALTERNATIVE)
      (Case T-184/07)
      Community trade mark – Application for the Community word mark ANEW ALTERNATIVE – 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 26, 32)
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 March 2007 (Case R 1471/2006-2), concerning
                  an application for registration as a Community trade mark of the word mark ANEW ALTERNATIVE.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Avon Products, Inc.
            
         
               Community trade mark sought:
            
            
               Word mark ANEW ALTERNATIVE for goods in Class 3 – Application No 4357919
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Avon Products, Inc. to pay the costs.