CELEX: 62006TJ0141
Language: en
Date: 2007-09-12
Title: Judgment of the General Court (Second Chamber) of 12 September 2007.#Glaverbel SA v European Union Intellectual Property Office.#Case T-141/06.

Judgment of the Court of First Instance (Second Chamber) of 12 September 2007 – Glaverbel v OHIM (Texture of a glass surface)
      (Case T-141/06)
      Community trade mark – Application for a Community figurative mark representing the texture of a glass surface – Absolute ground for refusal – Absence of evidence of distinctive character acquired through use
      1.                     Community trade mark – Appeals procedure – Action before the Community judicature (Rules of Procedure of the Court of First
            Instance, Art. 135(4)) (see para. 14)
      2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
            of any distinctive character – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94,
            Art. 7(1)(b), (2) and (3)) (see paras 19-23, 32-40)
      3.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Absence of
            distinctive character – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94, Art. 7(1)(b)
            and (3)) (see paras 35-38)
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 1 March 2006 (Case R 0986/2004-4), relating to
                  an application for registration as a Community trade mark of a figurative mark representing the texture of a glass surface.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Glaverbel SA
            
         
               Community trade mark sought:
            
            
               Figurative mark consisting of a motif applied to the surface of goods of Classes 19 and 21 – Application No 3183068
            
         
               Decision of the Examiner:
            
            
               Application for a community trade mark for all goods is dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Glaverbel SA to pay the costs.