Judgment of the General Court (Seventh Chamber) of 19 May 2010 – Zeta Europe v OHIM (Superleggera)
(Case T-464/08)
Community trade mark – Application for the figurative Community trade mark Superleggera – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) – Examination of the facts of its own motion – Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009) – Duty to state reasons – Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009)
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 21, 24, 31-32)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 17 July 2008 (Case R 666/2008-1), concerning an application for the registration of the figurative sign Superleggera as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Zeta Europe BV
Community trade mark sought:
Figurative mark Superleggera for goods in Classes 12, 18 and 25 – Application No 5456207
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Zeta Europe BV to pay the costs.
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