CELEX: 62008TA0139
Language: en
Date: 2009-09-29 00:00:00
Title: Case T-139/08: Judgment of the Court of First Instance of 29 September 2009 — The Smiley Company v OHIM (Representation of half a smiley smile) (Community trade mark — International registration designating the European Community — Figurative mark representing half a smiley smile — Absolute ground for refusal — Lack of distinctive character — Article 146(1) and Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 151(1) and Article 7(1)(b) of Regulation (EC) No 207/2009)

7.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 267/63
            
         Judgment of the Court of First Instance of 29 September 2009 — The Smiley Company v OHIM (Representation of half a smiley smile)
   (Case T-139/08) (1)
   
   (Community trade mark - International registration designating the European Community - Figurative mark representing half a smiley smile - Absolute ground for refusal - Lack of distinctive character - Article 146(1) and Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 151(1) and Article 7(1)(b) of Regulation (EC) No 207/2009)
   2009/C 267/112
   Language of the case: English
   
      Parties
   
   
      Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Deutsch, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
   
      Re:
   
   Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 February 2008 (R 958/2007-4) concerning the international registration, designating the European Community, of the figurative mark representing half a smiley smile
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders The Smiley Company SPRL to pay the costs, including those connected with its substitution for Mr Franklin Loufrani.
            
         
      (1)  OJ C 142, 7.6.2008.