CELEX: 62007TJ0435
Language: en
Date: 2008-11-26
Title: Judgment of the Court of First Instance (Eighth Chamber) of 26 November 2008. # New Look Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark NEW LOOK - Absolute ground for refusal - Lack of distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94. # Case T-435/07.

Judgment of the Court of First Instance (Eighth Chamber) of 26 November 2008 – New Look v OHIM (NEW LOOK)
      (Case T-435/07)
      Community trade mark – Application for the Community word mark NEW LOOK – Absolute ground for refusal – Lack of distinctive character acquired through use – Article 7(3) 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(3)) (see paras 18, 23-26)
      Re: 
      
         
               ACTION against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 670/2007-2) relating to the
                  registration of the word sign NEW LOOK as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               New Look Ltd
            
         
               Community trade mark sought:
            
            
               Word mark NEW LOOK for goods and services in Classes 3, 9, 14, 16, 18, 25, 26 and 35 – Application No 2932606
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders New Look Ltd to pay the costs.