Judgment of the Court of First Instance of 21 October 2008 - Cassegrain v OHIM (Shape of a bag)
(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.
____________1 - OJ C 108, 6. 5. 2006.