CELEX: 62008TJ0008
Language: en
Date: 2009-03-10 00:00:00
Title: Judgment of the Court of First Instance (First Chamber) of 10 March 2009. # G. M. Piccoli Srl 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 a seashell - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94. # Case T-8/08.

Judgment of the Court of First Instance (First Chamber) of 10 March 2009 – Piccoli v OHIM (Shape of a seashell)
      (Case T-8/08)
      Community trade mark – Application for a three-dimensional Community trade mark – Shape of a seashell – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Lack of distinctive character acquired through use – Article 7(3) of Regulation 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) and (3) (see paras 17, 21-25, 38-40)
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 28 September 2007 (Case R 530/2007-1) concerning
                  an application to register as a Community trade mark a three‑dimensional sign consisting of the shape of a seashell.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               G.M. Piccoli Srl
            
         
               Community trade mark sought:
            
            
               Three-dimensional mark representing the shape of a seashell seen from four different angles for goods in Class 30 – Appliction
                  No 4522892
               
            
         
               Decision of the Examiner:
            
            
               Application for registration dismissed in respect of ‘preparations of cereals, patisseries, confectionery and ice cream’
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders G.M. Piccoli Srl to pay the costs.