CELEX: 62008TJ0464
Language: en
Date: 2010-05-19 00:00:00
Title: Judgment of the General Court (Seventh Chamber) of 19 May 2010. # Zeta Europe BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the figurative Community trade mark Superleggera - 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 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009) - Obligation to state reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009). # Case T-464/08.

Judgment of the General Court (Seventh Chamber) of 19 May 2010 – Zeta Europe v OHIM (Superleggera)
      (Case T-464/08)
      Community trade mark – Application for the figurative Community trade mark Superleggera – 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 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009) – Duty to state reasons – Article 73 of Regulation No 40/94 (now Article 75 of Regulation 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 21, 24, 31-32)
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 17 July 2008 (Case R 666/2008-1), concerning an
                  application for the registration of the figurative sign Superleggera as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Zeta Europe BV
            
         
               Community trade mark sought: 
            
            
               Figurative mark Superleggera for goods in Classes 12, 18 and 25 – Application No 5456207
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Zeta Europe BV to pay the costs.