Order of the Court of First Instance (Third Chamber) of 28 April 2009 – Taylor v OHIM (Representation of a right pocket)

(Case T-283/07)

Community trade mark – Application for Community figurative mark representing a right 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

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 20-24)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 15 May 2007 (Case R 668/2006-1), concerning registration as a Community trade mark of a figurative sign representing a right pocket.

Operative part

1. The action is dismissed as manifestly devoid of any legal basis.

2. Tom Tailor GmbH is ordered to pay the costs.