CELEX: 62007TO0282
Language: en
Date: 2009-04-28 00:00:00
Title: Order of the Court of First Instance (Third Chamber) of 28 April 2009. # Tom Tailor GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community figurative mark representing a left pocket - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Action manifestly devoid of any legal basis. # Case T-282/07.

Order of the Court of First Instance (Third Chamber) of 28 April 2009 – Tailor v OHIM (Representation of a left pocket)
      (Case T-282/07)
      Community trade mark – Application for Community figurative mark representing a left pocket – Absolute ground for refusal – Absence of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Action manifestly devoid of any legal basis
      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 20-24)
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 15 May 2007 (Case R 669/2006-1), concerning registration
                  as a Community trade mark of a figurative sign representing a left pocket.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The action is dismissed as manifestly devoid of any legal basis.
               
            
         
                  2.
               
               
                  
               
               
                  	Tom Tailor GmbH is ordered to pay the costs.