CELEX: C2007/082/81
Language: en
Date: 2007-04-14 00:00:00
Title: Case T-317/05: Judgment of the Court of First Instance of 7 February 2007 — Kustom Musical Amplification v OHIM (Shape of a guitar) (Community trade mark — Three-dimensional mark — Shape of a guitar — Absolute ground for refusal — Infringement of the rights of the defence — Statement of reasons — Article 73 of Regulation (EC) No 40/94)

14.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/37
            
         Judgment of the Court of First Instance of 7 February 2007 — Kustom Musical Amplification v OHIM (Shape of a guitar)
   (Case T-317/05) (1)
   
   (Community trade mark - Three-dimensional mark - Shape of a guitar - Absolute ground for refusal - Infringement of the rights of the defence - Statement of reasons - Article 73 of Regulation (EC) No 40/94)
   (2007/C 82/81)
   Language of the case: English
   Parties
   
      Applicant: Kustom Musical Amplification Inc., (Cincinnati, Ohio, United States) (represented by: M. Edenborough, Barrister, and T. Bamford, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
   Re:
   Action brought against the decision of the Second Board of Appeal of OHIM of 7 June 2005 (Case R 1035/2004-2) concerning an application for registration of a three-dimensional mark in the shape of a guitar as a Community trade mark.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 June 2005 (Case R 1035/2004-2);
            
         
               2.
            
            
               Orders OHIM to bear its own costs and to pay those incurred by the applicant.
            
         
      (1)  OJ C 271, 29.10.2005.