Case T-184/07: Judgment of the Court of First Instance of 26 November 2008 — Avon Products OHIM (ANEW ALTERNATIVE) (Community trade mark — Application for the Community word mark ANEW ALTERNATIVE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)

• 62007TA0184

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Case T-184/07: Judgment of the Court of First Instance of 26 November 2008 — Avon Products OHIM (ANEW ALTERNATIVE) (Community trade mark — Application for the Community word mark ANEW ALTERNATIVE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)

• 62007TA0184

Cited paragraphs only

24.1.2009

Official Journal of the European Union

C 19/27

Judgment of the Court of First Instance of 26 November 2008 — Avon Products OHIM (ANEW ALTERNATIVE)

(Case T-184/07) ( 1 )

(Community trade mark - Application for the Community word mark ANEW ALTERNATIVE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2009/C 19/50)

Language of the case: English

Parties

Applicant: Avon Products, Inc. (New York, New York, United States) (represented by: C. Heitmann-Lichtenstein and U. Stelzenmüller, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially by S. Laitinen and P. Bullock, and subsequently by G. Schneider, Agents)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 March 2007 (Case R 1471/2006 2), concerning an application for registration as a Community trade mark of the word mark ANEW ALTERNATIVE.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Avon Products, Inc. to pay the costs.

( 1 ) OJ C 170, 21.7.2007 .

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