ECLI:EU:T:2009:353

Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – France Télécom v OHIM (UNIQUE) (Case T-396/07) Community trade mark – Application for the Community word mark UNIQUE – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) 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 20-23) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 585/2007-2) concerning an application for registration of the word sign UNIQUE as a Community trade mark. Information relating to the case Applicant for the Community trade mark: France Télécom Community trade mark sought: Word mark UNIQUE for goods and services in Classes 9, 35 and 38 – Application No 5312392 Decision of the Examiner: Partial refusal of registration Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders France Télécom to pay the costs.