«(Community trade mark – Figurative mark – Representation of a vehicle grille – Absolute ground for refusal – Article 7(1)(b) of Regulation (EC) No 40/94 – Mark devoid of any distinctive character)»

1.. Community trade mark – Appeals procedure – Appeals before the Community Courts – Jurisdiction of the Court of First Instance – Review of the facts in the light of evidence adduced before it for the first time – Not included (Rules of Procedure of the Court of First Instance, Art. 135(4); Council Regulation No 40/94, Art. 63)

2.. Community trade mark – Definition and acquisition of Community trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Figurative mark comprising a representation of a vehicle grille (Council Regulation No 40/94, Art. 7(1)(b))

JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber) 6 March 2003 (1)

((Community trade mark – Figurative mark – Representation of a vehicle grille – Absolute ground for refusal – Article 7(1)(b) of Regulation (EC) No 40/94 – Mark devoid of any distinctive character))

In Case T-128/01,

applicant,

v

defendant,

ACTION brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 March 2001 (Case R 309/1999-2),

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fourth Chamber),

composed of: M. Vilaras, President, V. Tiili and P. Mengozzi, Judges,

Registrar: J. Palacio González, Principal Administrator,

having regard to the written procedure and further to the hearing on 23 October 2002,

gives the following

Admissibility of the evidence submitted for the first time before the Court of First Instance

Substance

First plea: infringement of Article 7(1)(b) of Regulation No 40/94

─ Arguments of the parties

─ Findings of the Court

On those grounds,

THE COURT OF FIRST INSTANCE (Fourth Chamber),

hereby:

Vilaras

Tiili

Mengozzi

Delivered in open court in Luxembourg on 6 March 2003.

H. Jung

M. Vilaras

Registrar

President