CELEX: C2006/060/75
Language: en
Date: 2006-03-11 00:00:00
Title: Case T-263/04: Judgment of the Court of First Instance of  15 December 2005  — BIC v OHIM (Community trade mark — Three-dimensional trade mark in the shape of a lighter with a flint — Absolute grounds for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 — Distinctive character acquired by use — Article 7(3) of Regulation (EC) No 40/94)

11.3.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 60/38
            
         Judgment of the Court of First Instance of 15 December 2005 — BIC v OHIM
   (Case T-263/04) (1)
   
   (Community trade mark - Three-dimensional trade mark in the shape of a lighter with a flint - Absolute grounds for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Distinctive character acquired by use - Article 7(3) of Regulation (EC) No 40/94)
   (2006/C 60/75)
   Language of the case: French
   Parties
   
      Applicant(s): BIC SA (Clichy, France) (represented by: M.-P. Escande and A. Guillemin, Lawyers)
   
      Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
   Action
   brought against 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 a lighter with a flint
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the application.
            
         
               2.
            
            
               Orders the applicant to pay the costs.
            
         
      (1)  OJ C 251, 9.10.2004.