Judgment of the Court of First Instance (Second Chamber) of 21 October 2008 – Cassegrain v OHIM (Shape of a bag)

(Case T-73/06)

Community trade mark – Application for a Community figurative mark – Shape of a bag – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94

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 27-28)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 December 2005 (Case R 687/2005-2) concerning the registration of the figurative sign Shape of a bag as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Jean Cassegrain SAS
Community trade mark sought:	Figurative mark representing a bag for goods in Class 18 – Application No 003598571
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Jean Cassegrain SAS to pay the costs.