Judgment of the Court of First Instance (Sixth Chamber) of 10 October 2008 – Imperial Chemical Industries v OHIM (LIGHT & SPACE)
(Case T-224/07)
Community trade mark – Application for registration of Community word mark LIGHT & SPACE – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No40/94
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 23-29, 33-34, 36-40)
Re:
| ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30March 2007 (Case R1631/2006-1) concerning registration of the sign LIGHT & SPACE as a Community trade mark. |
Information relating to the case
Applicant for the Community trade mark: | Imperial Chemical Industries plc |
Community trade mark sought: | Word mark LIGHT & SPACE for goods in Class 2 – Application No5147756 |
Decision of the Examiner: | Registration refused |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders Imperial Chemical Industries plc to pay the costs. |