CELEX: 62007TJ0152
Language: en
Date: 2009-09-14 00:00:00
Title: Judgment of the Court of First Instance (Third Chamber) of 14 September 2009. # Lange Uhren GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a Community figurative mark - Geometric shapes on a watch-face - 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) - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009). # Case T-152/07.

Judgment of the Court of First Instance (Third Chamber) of 14 September 2009 – Lange Uhren v OHIM (Geometric shapes on a watch-face)
      (Case T-152/07)
      Community trade mark – Application for a Community figurative mark – Geometric shapes on a watch-face – 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) – Lack of distinctive character acquired through use – Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation 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 – Distinctive character acquired through use (Council Regulation No 40/94, Art. 7(1)(b) and (3)) (see paras 77, 82, 87-92,
         130-136, 142-143)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 15 February 2007 (Case R 1176/2005-1) concerning
                  an application for registration as a Community trade mark of a figurative sign representing geometric shapes on a watch-face.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Lange Uhren GmbH
            
         
               Community trade mark sought:
            
            
               Figurative mark representing geometric shapes on a watch-face for goods in Class 14 – Application No 2542694
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Lange Uhren GmbH to pay the costs.