Judgment of the Court of First Instance of 9 July 2008 — BYK v OHIM (Substance for Success)

(Case T-58/07) (1)

(Community trade mark - Application for the Community word mark Substance for Success - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 209/87)

Language of the case: German

Parties

Applicant: BYK-Chemie GmbH (Wesel, Germany) (represented by: J. Kroher and E. Hettenkofer, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 January 2007 (Case R 816/2006-4) concerning an application for registration of the word sign Substance for Success as a Community trade mark

Operative part of the judgment

The Court:

(1)  OJ C 95, 28.4.2007.