Judgment of the Court of First Instance of 15 December 2005 - BIC v OHIM
(Community trade mark - Three-dimensional trade mark in the shape of an electronic lighter - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Distinctive character acquired by use - Article 7(3) of Regulation (EC) No 40/94)
Language of the case: French
Parties:
Applicant: BIC SA (Clichy, France) (represented by: M.-P Escande and A. Guillemin, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Action
brought against the decision of the Fourth Chamber of the Board of Appeal of OHIM of 6 April 2004 (Case R 468/2003-4), in relation to the registration as a Community trade mark of a three-dimensional trade mark in the shape of an electronic lighter
Operative part of the judgment
The Court:
1. Dismisses the application.
2. Orders the applicant to pay the costs.
____________1 - OJ C 251, 9.10.2004.