CELEX: 62007TJ0400
Language: en
Date: 2008-11-12
Title: Judgment of the Court of First Instance (Eighth Chamber) of 12 November 2008. # GretagMacbeth LLC v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community colour mark - Combination of 24 coloured squares - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-400/07.

Judgment of the Court of First Instance (Eighth Chamber) of 12 November 2008 – GretagMacbeth v OHIM (Combination of 24 coloured
            squares)
      (Case T-400/07)
      Community trade mark – Application for Community colour mark – Combination of 24 coloured squares – 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 39, 41-43, 50, 53-55)
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 August 2007 (Case R 30/2007-4) concerning
                  an application for registration as a Community trade mark of a colour sign composed of 24 coloured squares.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               GretagMacbeth LLC
            
         
               Community trade mark sought:
            
            
               Mark consisting of a combination of 24 coloured squares for goods and services in Classes 9, 16 and 42 – Application No 4634572
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the application;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders GretagMacbeth LLC to pay the costs.