Judgment of the Court of First Instance of 15 September 2009 — Wella v OHIM (TAME IT)

(Case T-471/07) (1)

(Community trade mark - International registration - Request for territorial extension of protection - Word mark TAME IT - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)

2009/C 256/46

Language of the case: English

Parties

Applicant: Wella AG (Darmstadt, Germany) (represented by: B. Klingberg and K. Sandberg, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 24 October 2007 (Case R 713/2007-2), relating to a territorial extension, to the European Community, of the protection in respect of the international registration of the word mark TAME IT

Operative part of the judgment

The Court:

(1)  OJ C 51, 23.2.2008.