CELEX: 62008TA0078
Language: en
Date: 2009-06-11 00:00:00
Title: Case T-78/08: Judgment of the Court of First Instance of 11 June 2009 — Baldesberger v OHIM (Shape of tweezers) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of tweezers — 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))

1.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 180/48
            
         Judgment of the Court of First Instance of 11 June 2009 — Baldesberger v OHIM (Shape of tweezers)
   (Case T-78/08) (1)
   
   (Community trade mark - Application for a three-dimensional Community trade mark - Shape of tweezers - 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))
   2009/C 180/89
   Language of the case: German
   
      Parties
   
   
      Applicant: Fides B. Baldesberger (represented by: F. Nielsen, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Kicia, Agent)
   
      Re:
   
   Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 December 2007 (Case R 1405/2007-4) regarding an application for registration of a three-dimensional sign in the shape of tweezers as a Community trade mark.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Ms Fides B. Baldesberger to pay the costs.
            
         
      (1)  OJ C 107 of 26.4.2008.