Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009 – JOOP! v OHIM (!)

(Case T-75/08)

Community trade mark – Application for registration of a figurative Community trade mark representing an exclamation mark – Absolute ground for refusal – No distinctive character – No distinctive character acquired through use – Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b), (c) and 7(3) of Regulation (EC) 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 – Acquisition of distinctive character through use (Council Regulation No 40/94, Art. 7(1)(b) and (3)) (see paras 25-29, 41-47)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 26 November 2007 (Case R 1134/2007‑1) relating to an application for registration of a figurative sign as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	JOOP! GmbH
Community trade mark sought:	Figurative mark representing an exclamation mark for goods in Classes 14, 18 and 25 – Application No 5332184
Decision of the Examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders JOOP! GmbH to pay the costs.