Language of document :

Judgment of the Court of First Instance of 5 April 2006 - Kachakil Amar v OHIM

(Case T-388/04) 1

(Community trade mark - Figurative mark in the form of a longitudinal line ending with a triangle - Refusal to register - Lack of distinctive character - Acquisition of a distinctive character through use)

Language of the case: Spanish

Parties

Applicant: Habib Kachakil Amar (Valencia, Spain) (represented by: J. C. Heder, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar, agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 20 July 2004 (R 175/2004-1) which refused to register the figurative mark "Longitudinal line ending with a triangle" as a Community trade mark

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders the applicant to pay the costs.

____________

1 - OJ C 284 of 20.11.2004