Language of document :

Judgment of the Court of First Instance of 21 October 2008 - Cassegrain v OHIM (Shape of a bag)

(Case T-73/06) 1

(Community trade mark - Application for a Community figurative mark - Shape of a bag - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

Language of the case: French

Parties

Applicant: Jean Cassegrain SAS (Paris, France) (represented by: Y. Coursin and T. van Innis, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 December 2005 (Case R 687/2005-2) concerning the registration of the figurative sign Shape of a bag as a Community trade mark.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Jean Cassegrain SAS to pay the costs.

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1 - OJ C 108, 6. 5. 2006.