CELEX: 62006TA0073
Language: en
Date: 2008-10-21 00:00:00
Title: Case T-73/06: Judgment of the Court of First Instance of 21 October 2008 — Cassegrain v OHIM (Shape of a bag) (Community trade mark — Application for a Community figurative mark — Shape of a bag — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)

6.12.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 313/29
            
         Judgment of the Court of First Instance of 21 October 2008 — Cassegrain v OHIM (Shape of a bag)
   (Case T-73/06) (1)
   
   (Community trade mark - Application for a Community figurative mark - Shape of a bag - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)
   (2008/C 313/50)
   Language of the case: French
   Parties
   
      Applicant: Jean Cassegrain SAS (Paris, France) (represented by: Y. Coursin and T. van Innis, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
   Re:
   Action brought against the decision of the Second Board of Appeal of OHIM of 8 December 2005 (Case R 687/2005-2) concerning the registration of the figurative sign Shape of a bag as a Community trade mark.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Jean Cassegrain SAS to pay the costs.
            
         
      (1)  OJ C 108, 6.5.2006.