20.10.2007   

EN

Official Journal of the European Union

C 247/32


Order of the Court of First Instance of 12 September 2007 — Glaverbel v OHIM (Texture of a glass surface)

(Case T-141/06) (1)

(Community trade mark - Application for a Community figurative mark representing the texture of a glass surface - Absolute ground for refusal - Absence of evidence of distinctive character acquired through use)

(2007/C 247/52)

Language of the case: English

Parties

Applicant: Glaverbel SA (Brussels, Belgium) (represented by: S. Möbus and T. Koerl, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 March 2006 (Case R 0986/2004-4), relating to an application for registration as a Community trade mark of a figurative mark representing the texture of a glass surface.

Operative part of the judgment

The Court:

1.

Dismisses the action.

2.

Orders Glaverbel SA to pay the costs.


(1)  OJ C 178, 29.7.2006.