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:
Dismisses the action;
Orders the applicant to pay the costs.
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