ECLI:EU:T:2003:54

«(Community trade mark – Annulment proceedings – BSS – Article 51 of Regulation (EC) No 40/94 – Absolute ground for refusal – Article 7(1)(d) of Regulation No 40/94 – Distinctive character acquired through use – Articles 7(3) and 51(2) of Regulation No 40/94)» Summary of the Judgment 1.. Community trade mark – Definition and acquisition of a Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade – Customary nature – Assessment criteria (Council Regulation No 40/94, Art. 7(1)(d)) 2.. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of distinctive character, descriptive and customary marks – Exception – Acquisition of distinctiveness through use – Assessment criteria (Council Regulation No 40/94, Art. 7(1)(b), (c) and (d) and (3)) 3.. Community trade mark – Definition and acquisition of a Community trade mark – Absolute grounds for refusal – Customary mark – Exception – Acquisition of distinctiveness through use – Determined by reference to the perception of the target public – Initiatives taken by the proprietor – Condition for their being taken into account (Council Regulation No 40/94, Art. 7(1)(d) and (3)) 4.. Community trade mark – Withdrawal, annulment and invalidity – Grounds for absolute invalidity – Registration contrary to Article 7(1)(d) of Regulation No 40/94 – No acquisition of distinctiveness through use – BSS (Council Regulation No 40/94, Arts 7(1)(d) and (3), 51(1)(a) and 51(2)) JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber)5 March 2003 (1) ((Community trade mark – Invalidity proceedings – BSS – Article 51 of Regulation (EC) No 40/94 – Absolute ground for refusal – Article 7(1)(d) of Regulation No 40/94 – Distinctive character acquired through use – Articles 7(3) and 51(2) of Regulation No 40/94)) applicant, v defendant, intervener, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber), having regard to the written procedure and further to the hearing on 20 November 2002, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Second Chamber) Moura Ramos Pirrung Meij H. Jung R.M. Moura Ramos Registrar President 1 – Language of the case: English.