Judgment of the Court of First Instance of 12 September 2007 — Neumann v OHIM (Form of a microphone head grill)

(Case T-358/04) (1)

(Community trade mark - Application for a three-dimensional Community trade mark in the form of a microphone head grill - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2007/C 247/42)

Language of the case: German

Parties

Applicant: Georg Neumann GmbH (Berlin, Germany) (represented by: R. Böhm, lawyer)

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 Second Board of Appeal of OHIM of 17 June 2004 (Case R 919/2002-2) refusing to register, as a Community trade mark, a three-dimensional sign in the form of a microphone head grill.

Operative part of the judgment

The Court:

(1)  OJ C 284, 20.11.2004.