Judgment of the Court of First Instance of 16 September 2009 - Alber v OHIM (hand grip)
(Case T-391/07)
(Community trade mark - Application for a three-dimensional Community trade mark - Hand grip - 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) - Duty to give reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) - Principle of examination of the facts of its own motion - Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009))
Language of the case: German
Parties
Applicant: Alfons Alber (Verona, Italy) (represented by: S.Schneller, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 16 August 2007 (Case R 361/2007-4) and against the decision of the examiner of OHIM of 16 January 2007 in that case, in so far it rejects Community trade mark application No 4396727 for certain goods covered by that mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Alfons Alber to pay the costs.
____________1 - OJ C 315, 22.12.2007.