CELEX: 62007TA0435
Language: en
Date: 2008-11-26 00:00:00
Title: Case T-435/07: Judgment of the Court of First Instance of 26 November 2008 — New Look v OHIM (NEW LOOK) (Community trade mark — Application for the Community word mark NEW LOOK — Absolute ground for refusal — Lack of distinctive character acquired through use — Article 7(3) of Regulation (EC) No 40/94)

24.1.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 19/28
            
         Judgment of the Court of First Instance of 26 November 2008 — New Look v OHIM (NEW LOOK)
   (Case T-435/07) (1)
   
   (Community trade mark - Application for the Community word mark NEW LOOK - Absolute ground for refusal - Lack of distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94)
   (2009/C 19/54)
   Language of the case: English
   Parties
   
      Applicant: New Look Ltd (Weymouth, United Kingdom) (represented by: S. Malynicz, Barrister, and M. Blair and K. Gilbert, Solicitors)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
   Re:
   Action against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 670/2007-2) relating to the registration of the word sign NEW LOOK as a Community trade mark
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders New Look Ltd to pay the costs.
            
         
      (1)  OJ C 37, 9.2.2008.