CELEX: 62006TO0127
Language: en
Date: 2007-12-05 00:00:00
Title: Order of the Court of First Instance (First Chamber) of 5 December 2007. # Kapman AB v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a Community figurative mark representing a saw blade in the colour blue - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Action manifestly lacking any foundation in law. # Case T-127/06.

Order of the Court of First Instance (First Chamber) of 5 December 2007 – Kapman v OHIM (Representation of a saw blade in
            blue)
      (Case T-127/06)
      Community trade mark – Application for a Community figurative mark representing a saw blade in the colour blue – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Action manifestly lacking any foundation in law
      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 24-25, 27, 29)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 10 February 2006 (Case R 303/2004-2), refusing
                  registration as a Community trade mark of a figurative mark in the colour blue representing a saw blade.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action as manifestly lacking any foundation in law;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Kapman AB to pay the costs.