Judgment of the Court of First Instance of 12 September 2007 - Neumann v OHIM (Form of a microphone head grill)
(Community trade mark - Application for a three-dimensional Community trade mark in the form of a microphone head grill - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)
Language of the case: German
Parties
Applicant: Georg Neumann GmbH (Berlin, Germany) (represented by: R. Böhm, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 17 June 2004 (Case R 919/2002-2) refusing to register, as a Community trade mark, a three-dimensional sign in the form of a microphone head grill.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Georg Neumann GmbH to pay the costs.
____________1 - OJ C 284, 20.11.2004.