Judgment of the Court of First Instance (Second Chamber) of 26 November 2008 – Avon Products v OHIM (ANEW ALTERNATIVE)

(Case T-184/07)

Community trade mark – Application for the Community word mark ANEW ALTERNATIVE – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94

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 26, 32)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 March 2007 (Case R 1471/2006-2), concerning an application for registration as a Community trade mark of the word mark ANEW ALTERNATIVE.

Information relating to the case

Applicant for the Community trade mark:	Avon Products, Inc.
Community trade mark sought:	Word mark ANEW ALTERNATIVE for goods in Class 3 – Application No 4357919
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Avon Products, Inc. to pay the costs.