Community trade mark - Application for a Community trade mark in the form of a presentation of part of a chuck with three grooves - Absolute ground for refusal - Lack of distinctive character - Lack of distinctive character acquired by use - Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) of Regulation (EC) No 207/2009).

Judgment of the General Court (Eighth Chamber) of 21 April 2010 – Schunk v OHIM (Presentation of part of a chuck) (Case T-7/09) Community trade mark – Application for a Community trade mark in the form of a presentation of part of a chuck with three grooves – Absolute ground for refusal – Lack of distinctive character – Lack of distinctive character acquired by use – Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) 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 22, 33) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 31 October 2008 (Case R 1109/2007-1) concerning the registration of the sign in the form of a presentation of part of a chuck with three grooves as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Schunk GmbH & Co. KG Spann- und Greiftechnik Community trade mark sought: Mark showing the cylinder-shaped section of a chuck for goods in Classes 7 and 8 – Application No 3098894 Decision of the Examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Schunk GmbH & Co. KG Spann- und Greiftechnik to pay the costs.