CELEX: 62004TJ0388
Language: en
Date: 2006-04-05
Title: Judgment of the Court of First Instance (First Chamber) of 5 April 2006. # Habib Kachakil Amar v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Figurative mark in the form of a longitudinal line ending with a triangle - Refusal to register - Lack of distinctive character - Acquisition of a distinctive character through use. # Case T-388/04.

Judgment of the Court of First Instance (First Chamber) of 5 April 2006 − Kachakil Amar v OHIM (longitudinal line ending with
            a triangle)
      (Case T-388/04)
      Community trade mark – Figurative mark in the form of a longitudinal line ending with a triangle – Refusal to register – Lack of distinctive character – Acquisition of a distinctive character through use
      Community trade marks – 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(3)) (see points 39-42)
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 20 July 2004 (R 175/2004-1) which refused to register
                  the figurative mark ‘Longitudinal line ending with a triangle’ as a Community trade mark.
               
            Information relating to the case:
      
      
               Applicant for the Community trade mark:
            
            
               ––
            
         
               Community trade mark sought:
            
            
               Figurative mark consisting of a longitudinal line ending with a triangle – Application No 3.235.157 for goods in Class 25
                  (clothes, shoes, hats, including sports shoes)
               
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               ––
            
         
               Mark or sign cited:
            
            
               ––
            
         
               Decision of the Opposition Division:
            
            
               Dismissal of the application, the mark being considered as falling under the absolute grounds for refusal referred to in Article
                  7(1)(b) of Regulation No 40/94 on the Community trade mark 
               
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the appeal
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the action; 
               
            
         
                  2.
               
               
                  
               
               
                  Orders the applicant to pay the costs.