Judgment of the General Court (Eighth Chamber) of 21 April 2010 – Schunk v OHIM (Presentation of part of a chuck)

(Case T-7/09)

Community trade mark – Application for a Community trade mark in the form of a presentation of part of a chuck with three grooves – Absolute ground for refusal – Lack of distinctive character – Lack of distinctive character acquired by use – Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) of Regulation (EC) 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 22, 33)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 31 October 2008 (Case R 1109/2007-1) concerning the registration of the sign in the form of a presentation of part of a chuck with three grooves as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Schunk GmbH & Co. KG Spann- und Greiftechnik
Community trade mark sought:	Mark showing the cylinder-shaped section of a chuck for goods in Classes 7 and 8 – Application No 3098894
Decision of the Examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Schunk GmbH & Co. KG Spann- und Greiftechnik to pay the costs.