CELEX: 62008TJ0458
Language: en
Date: 2010-09-08 00:00:00
Title: Judgment of the General Court (Fourth Chamber) of 8 September 2010. # Hans-Peter Wilfer v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a Community figurative mark representing the head of a guitar in silver, grey and brown - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Examination of the facts of its own motion - Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009) - Obligation to state reasons - The first sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009) - Equal treatment. # Case T-458/08.

Judgment of the General Court (Fourth Chamber) of 8 September 2010 – Wilfer v OHIM (Representation of the head of a guitar)
      (Case T-458/08)
      Community trade mark – Application for a Community figurative mark representing the head of a guitar in silver, grey and brown – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) – Examination of the facts of its own motion – Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009) – Duty to state reasons – First sentence of Article 73 of Regulation No 40/94 (now first sentence of Article 75 of Regulation No 207/2009) – Equal treatment
      1.                     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 52, 60)
      2.                     Community trade mark – Procedural provisions – Examination of the facts of the Office’s own motion – Scope (Council Regulation
            No 40/94, Art. 74(1)) (see paras 71-72)
      3.                     Community trade mark – Decisions of the Office – Legality – Examination by the Community judicature – Criteria (Council Regulation
            No 40/94) (see paras 93-95)
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 July 2008 (Case R 78/2007-4), concerning the
                  registration as a Community trade mark of the figurative sign representing the head of a guitar in the colours silver, grey
                  and brown.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Hans-Peter Wilfer
            
         
               Community trade mark sought:
            
            
               Figurative mark representing the head of a guitar in the colours silver, grey and brown, for goods in Classes 9 and 15 – Application
                  No 2639821
               
            
         
               Decision of the examiner:
            
            
               Registration refused 
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Hans-Peter Wilfer to pay the costs.