CELEX: C2007/283/46
Language: en
Date: 2007-11-24 00:00:00
Title: Case T-460/05: Judgment of the Court of First Instance of 10 October 2007 — Bang & Olufsen v OHIM (Shape of a loudspeaker) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a loudspeaker — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)

24.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 283/26
            
         Judgment of the Court of First Instance of 10 October 2007 — Bang & Olufsen v OHIM (Shape of a loudspeaker)
   (Case T-460/05) (1)
   
   (Community trade mark - Application for a three-dimensional Community trade mark - Shape of a loudspeaker - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)
   (2007/C 283/46)
   Language of the case: English
   Parties
   
      Applicant: Bang & Olufsen A/S (Struer, Denmark) (represented by: K. Wallberg, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)
   Re:
   Action against the decision of the First Board of Appeal of OHIM of 22 September 2005 (Case R 497/2005-1) concerning an application for registration as a Community trade mark of a three-dimensional sign formed by the shape of a loudspeaker.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 September 2005 (Case R 497/2005-1);
            
         
               2.
            
            
               Orders OHIM to bear its own costs and to pay those of Bang & Olufsen A/S.
            
         
      (1)  OJ C 74, 25.3.2006.