CELEX: 62007TJ0396
Language: en
Date: 2009-09-23
Title: Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009. # France Télécom v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark UNIQUE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009). # Case T-396/07.

Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – France Télécom v OHIM (UNIQUE)
      (Case T-396/07)
      Community trade mark – Application for the Community word mark UNIQUE – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)
      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 20-23)
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 585/2007-2) concerning
                  an application for registration of the word sign UNIQUE as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               France Télécom
            
         
               Community trade mark sought:
            
            
               Word mark UNIQUE for goods and services in Classes 9, 35 and 38 – Application No 5312392
            
         
               Decision of the Examiner:
            
            
               Partial refusal of registration
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders France Télécom to pay the costs.