CELEX: 62006TJ0073
Language: en
Date: 2008-10-21
Title: Judgment of the Court of First Instance (Second Chamber) of 21 October 2008. # Jean Cassegrain SAS v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a Community figurative mark - Shape of a bag - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-73/06.

Judgment of the Court of First Instance (Second Chamber) of 21 October 2008 – Cassegrain v OHIM (Shape of a bag)
      (Case T-73/06)
      Community trade mark – Application for a Community figurative mark – Shape of a bag – 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 27-28)
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 December 2005 (Case R 687/2005-2) concerning
                  the registration of the figurative sign Shape of a bag as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Jean Cassegrain SAS
            
         
               Community trade mark sought:
            
            
               Figurative mark representing a bag for goods in Class 18 – Application No 003598571
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Jean Cassegrain SAS to pay the costs.