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24.1.2009 |
EN |
Official Journal of the European Union |
C 19/28 |
Judgment of the Court of First Instance of 26 November 2008 — New Look v OHIM (NEW LOOK)
(Case T-435/07) (1)
(Community trade mark - Application for the Community word mark NEW LOOK - Absolute ground for refusal - Lack of distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94)
(2009/C 19/54)
Language of the case: English
Parties
Applicant: New Look Ltd (Weymouth, United Kingdom) (represented by: S. Malynicz, Barrister, and M. Blair and K. Gilbert, Solicitors)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
Re:
Action against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 670/2007-2) relating to the registration of the word sign NEW LOOK as a Community trade mark
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders New Look Ltd to pay the costs. |