CELEX: 62007TA0058
Language: en
Date: 2008-07-09 00:00:00
Title: Case T-58/07: Judgment of the Court of First Instance of 9 July 2008 — BYK v OHIM (Substance for Success) (Community trade mark — Application for the Community word mark Substance for Success — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)

15.8.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/50
            
         Judgment of the Court of First Instance of 9 July 2008 — BYK v OHIM (Substance for Success)
   (Case T-58/07) (1)
   
   (Community trade mark - Application for the Community word mark Substance for Success - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)
   (2008/C 209/87)
   Language of the case: German
   Parties
   
      Applicant: BYK-Chemie GmbH (Wesel, Germany) (represented by: J. Kroher and E. Hettenkofer, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
   Re:
   Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 January 2007 (Case R 816/2006-4) concerning an application for registration of the word sign Substance for Success as a Community trade mark
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders BYK-Chemie GmbH to pay the costs.
            
         
      (1)  OJ C 95, 28.4.2007.