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.