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. |