ECLI:EU:T:2008:428

Judgment of the Court of First Instance (Sixth Chamber) of 10 October 2008 – Imperial Chemical Industries v OHIM (LIGHT & SPACE) (Case T-224/07) Community trade mark – Application for registration of Community word mark LIGHT & SPACE – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 23-29, 33-34, 36-40) Re: ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 March 2007 (Case R 1631/2006-1) concerning registration of the sign LIGHT & SPACE as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Imperial Chemical Industries plc Community trade mark sought: Word mark LIGHT & SPACE for goods in Class 2 – Application No 5147756 Decision of the Examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Imperial Chemical Industries plc to pay the costs.