Judgments (Information) nº T-388/04 of Court of First Instance of the European Communities, April 05, 2006

• Resolution Date: April 05, 2006
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: 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:

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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:

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Mark or sign cited:

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Decision of the Opposition Division:

Dismissal of the application, the mark...