CELEX: 62008TA0008
Language: en
Date: 2009-03-10 00:00:00
Title: Case T-8/08: Judgment of the Court of First Instance of 10 March 2009 — Piccoli v OHIM (Shape of a sea shell) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a seashell — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 — Lack of distinctive character acquired through use — Article 7(3) of Regulation No 40/94)

18.4.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 90/26
            
         Judgment of the Court of First Instance of 10 March 2009 — Piccoli v OHIM (Shape of a sea shell)
   (Case T-8/08) (1)
   
   (Community trade mark - Application for a three-dimensional Community trade mark - Shape of a seashell - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94)
   2009/C 90/41
   Language of the case: Italian
   
      Parties
   
   
      Applicant: G. M. Piccoli Srl (Alzano Lombardo, Italy) (represented by: S. Giudici and S. Caselli, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, Agent)
   
      Re:
   
   Action brought against the decision of the First Board of Appeal of OHIM of 28 September 2007 (Case R 530/2007-1) concerning an application to register as a Community trade mark a three-dimensional sign consisting of the shape of a sea shell.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders G. M. Piccoli Srl to pay the costs.
            
         
      (1)  OJ C 64, 8.3.2008.