Order of the Court of First Instance (First Chamber) of 5 December 2007 – Kapman v OHIM (Representation of a saw blade in blue)

(Case T-127/06)

Community trade mark – Application for a Community figurative mark representing a saw blade in the colour blue – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Action manifestly lacking any foundation in law

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 24-25, 27, 29)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 10 February 2006 (Case R 303/2004-2), refusing registration as a Community trade mark of a figurative mark in the colour blue representing a saw blade.

Operative part

The Court:

1. Dismisses the action as manifestly lacking any foundation in law;

2. Orders Kapman AB to pay the costs.