CELEX: 62004TJ0263
Language: en
Date: 2005-12-15 00:00:00
Title: Judgment of the Court of First Instance (Third Chamber) of 15 December 2005. # BIC SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Three-dimensional trade mark in the shape of an electronic lighter - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94. # Case T-263/04.

Judgment of the Court of First Instance (Third Chamber) of 15 December 2005 − BIC v OHIM (Shape of an elecronic lighter)
      (Case T-263/04)
      Community trade mark – Three-dimensional trade mark in the shape of an electronic lighter – Absolute ground for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Distinctive character acquired through use – Article 7(3) of Regulation (EC) No 40/94
      1.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
            of any distinctive character – Three-dimensional mark – Shape of an electronic lighter (Council Regulation No 40/94, Art.
            7(1)(b)) (see para. 34)
      2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
            of any distinctive character – Exception – Acquisition through use – Criteria for assessment (Council Regulation No 40/94,
            Art. 7(3)) (see paras 61-66)
      Re:
      
         ACTION for the annulment of the decision of the Fourth Chamber of the Board of Appeal of OHIM of 6 April 2004 (Case R 469/2003-4),
                  in relation to the registration as a Community trade mark of a three-dimensional trade mark in the shape of an electronic
                  lighter.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               BIC SA
            
         
               Community trade mark sought:
            
            
               Three-dimensional mark in the shape of a lighter 
            
         
               Decision of the examiner:
            
            
               Refusal to register
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the appeal
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs.