CELEX: 62008TJ0078
Language: en
Date: 2009-06-11 00:00:00
Title: Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009. # Fides B. Baldesberger v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a three-dimensional Community trade mark - Shape of tweezers - 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). # Case T-78/08.

Judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 – Baldesberger v OHIM (Shape of tweezers)
      (Case T-78/08)
      (Community trade mark – Application for a three-dimensional Community trade mark – Shape of tweezers – 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))
      
      
      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 25, 28-30)
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 December 2007 (Case R 1405/2007-4) regarding
                  an application for registration of a three-dimensional sign in the shape of tweezers as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Fides B. Baldesberger
            
         
               Community trade mark sought:
            
            
               Three-dimensional mark depicting tweezers, for goods in class 8 – Application No 5480108
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Ms Fides B. Baldesberger to pay the costs.