Judgment of the Court of First Instance of 17 December 2008 - Somm v OHIM
(Community trade mark - Application for Community tri-dimensional mark - Shelter for shade - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character acquired by use - Article 7(3) of Regulation No 40/94)
Language of the case: Italian
Parties
Applicant: Somm Srl (San Mauro Torinese, Italy) (represented by: M. Ferro, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and P. Bullock, acting as Agents)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 28 June 2007 (Case R 1653/2006-1) concerning an application for registration of a tri-dimensional sign representing a shelter for shade as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Somm Srl to pay the costs.
____________1 - OJ C 283, 24.11.2007.