Judgment of the Court of First Instance (Third Chamber) of 14 September 2009 – Lange Uhren v OHIM (Geometric shapes on a watch-face)

(Case T-152/07)

Community trade mark – Application for a Community figurative mark – Geometric shapes on a watch-face – 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) – Lack of distinctive character acquired through use – Article 7(3) of Regulation No 40/94 (now Article 7(3) 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 – Exception – Distinctive character acquired through use (Council Regulation No 40/94, Art. 7(1)(b) and (3)) (see paras 77, 82, 87-92, 130-136, 142-143)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 15 February 2007 (Case R 1176/2005-1) concerning an application for registration as a Community trade mark of a figurative sign representing geometric shapes on a watch-face.

Information relating to the case

Applicant for the Community trade mark:	Lange Uhren GmbH
Community trade mark sought:	Figurative mark representing geometric shapes on a watch-face for goods in Class 14 – Application No 2542694
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. 1. Dismisses the action;

2. 2. Orders Lange Uhren GmbH to pay the costs.