Judgment of the Court of First Instance (Third Chamber) of 15 December 2005 − BIC v OHIM(Shape of an elecronic lighter)
(Case T-263/04)
Community trade mark – Three-dimensional trade mark in the shape of an electronic lighter – Absolute ground for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Distinctive character acquired through use – Article 7(3) of Regulation (EC) No 40/94
1.Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional mark – Shape of an electronic lighter (Council Regulation No 40/94, Art. 7(1)(b)) (see para. 34)
2.Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Exception – Acquisition through use – Criteria for assessment (Council Regulation No 40/94, Art. 7(3)) (see paras 61-66)
Re:
| ACTION for the annulment of the decision of the Fourth Chamber of the Board of Appeal of OHIM of 6 April 2004 (Case R 469/2003-4), in relation to the registration as a Community trade mark of a three-dimensional trade mark in the shape of an electronic lighter. |
Information relating to the case
Applicant for the Community trade mark: | BIC SA |
Community trade mark sought: | Three-dimensional mark in the shape of a lighter |
Decision of the examiner: | Refusal to register |
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. |