Language of document :

Order of the Court of First Instance of 12 September 2007 - Glaverbel v OHIM (Texture of a glass surface)

(Case T-141/06) 1

(Community trade mark - Application for a Community figurative mark representing the texture of a glass surface - Absolute ground for refusal - Absence of evidence of distinctive character acquired through use)

Language of the case: English

Parties

Applicant: Glaverbel SA (Brussels, Belgium) (represented by: S. Möbus and T. Koerl, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: Ó. Mondéjar, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 March 2006 (Case R 0986/2004-4), relating to an application for registration as a Community trade mark of a figurative mark representing the texture of a glass surface.

Operative part of the judgment

The Court:

1.    Dismisses the action.

2.    Orders Glaverbel SA to pay the costs.

____________

1 - OJ C 178, 29.7.2006.