Judgment of the Court of First Instance of 7 February 2007 - Kustom Musical Amplification v OHIM (Shape of a guitar)
(Community trade mark - Three-dimensional mark - Shape of a guitar - Absolute ground for refusal -Infringement of the rights of the defence - Statement of reasons - Article 73 of Regulation (EC) No 40/94)
Language of the case: English
Parties
Applicant: Kustom Musical Amplification Inc., (Cincinnati, Ohio, United States) (represented by: M. Edenborough, Barrister, and T. Bamford, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Re: Action brought against the decision of the Second Board of Appeal of OHIM of 7 June 2005 (Case R 1035/2004-2) concerning an application for registration of a three -dimensional mark in the shape of a guitar as a Community trade mark.
Operative part of the judgment
The Court:
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 June 2005 (Case R 1035/2004-2);
2. Orders OHIM to bear its own costs and to pay those incurred by the applicant.
____________1 - OJ C 271, 29.10.2005.