Order of the Court of First Instance of 28 April 2009 - Tailor v OHIM (Representation of a left pocket)
(Community trade mark - Application for Community figurative mark representing a left pocket - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Action manifestly devoid of any legal basis)
Language of the case: German
Parties
Applicant: Tom Tailor GmbH (Hamburg, Germany) (represented by: S.O. Gillert, K. Vanden Bossche and F. Schiwek, lawyers)
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 First Board of Appeal of OHIM of 15 May 2007 (Case R 669/2006-1), concerning registration as a Community trade mark of a figurative sign representing a left pocket.
Operative part of the judgment
The Court:
1. Dismisses the action as manifestly devoid of any legal basis;
2. Orders Tom Tailor GmbH to pay the costs.
____________1 - OJ C 235, 6.10.2007.