CELEX: 62007TJ0224
Language: en
Date: 2008-10-10 00:00:00
Title: Judgment of the Court of First Instance (Sixth Chamber) of 10 October 2008. # Imperial Chemical Industries plc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for registration of Community word mark LIGHT & SPACE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-224/07.

Judgment of the Court of First Instance (Sixth Chamber) of 10 October 2008 – Imperial Chemical Industries v OHIM (LIGHT &
            SPACE)
      (Case T-224/07)
      Community trade mark – Application for registration of Community word mark LIGHT & SPACE – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94
      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 23-29, 33-34, 36-40)
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade
                  Marks and Designs) of 30 March 2007 (Case R 1631/2006-1) concerning registration of the sign LIGHT & SPACE as a Community
                  trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Imperial Chemical Industries plc
            
         
               Community trade mark sought:
            
            
               Word mark LIGHT & SPACE for goods in Class 2 – Application No 5147756
            
         
               Decision of the Examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Imperial Chemical Industries plc to pay the costs.