CELEX: 62009TJ0007
Language: en
Date: 2010-04-21
Title: Judgment of the General Court (Eighth Chamber) of 21 April 2010.#Schunk GmbH & Co. KG Spann- und Greiftechnik v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Application for a Community trade mark in the form of a presentation of part of a chuck with three grooves - Absolute ground for refusal - Lack of distinctive character - Lack of distinctive character acquired by use - Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) of Regulation (EC) No 207/2009).#Case T-7/09.

Judgment of the General Court (Eighth Chamber) of 21 April 2010 – Schunk v OHIM (Presentation of part of a chuck) 
      (Case T-7/09)
      Community trade mark – Application for a Community trade mark in the form of a presentation of part of a chuck with three grooves – Absolute ground for refusal – Lack of distinctive character – Lack of distinctive character acquired by use – Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) of Regulation (EC) No 207/2009)
      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 22, 33)
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 31 October 2008 (Case R 1109/2007-1) concerning
                  the registration of the sign in the form of a presentation of part of a chuck with three grooves as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Schunk GmbH & Co. KG Spann- und Greiftechnik
            
         
               Community trade mark sought:
            
            
               Mark showing the cylinder-shaped section of a chuck for goods in Classes 7 and 8 – Application No 3098894
            
         
               Decision of the Examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Schunk GmbH & Co. KG Spann- und Greiftechnik to pay the costs.