CELEX: 62008TJ0075
Language: en
Date: 2009-09-30 00:00:00
Title: Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009. # JOOP! GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for registration of a figurative Community trade mark representing an exclamation mark - Absolute ground for refusal - No distinctive character - No distinctive character acquired through use - Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 207/2009). # Case T-75/08.

Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009 – JOOP! v OHIM (!)
      (Case T-75/08)
      Community trade mark – Application for registration of a figurative Community trade mark representing an exclamation mark – Absolute ground for refusal – No distinctive character – No distinctive character acquired through use – Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b), (c) and 7(3) 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 – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94, Art. 7(1)(b) and (3)) (see paras 25-29, 41-47)
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 26 November 2007 (Case R 1134/2007‑1) relating
                  to an application for registration of a figurative sign as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               JOOP! GmbH
            
         
               Community trade mark sought:
            
            
               Figurative mark representing an exclamation mark for goods in Classes 14, 18 and 25 – Application No 5332184
            
         
               Decision of the Examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders JOOP! GmbH to pay the costs.