Decision of the First Board of Appeal of 30 October 2007 in Case R 1174/2006-1

( part of motor vehicle )

Tactile trade marks can be represented graphically if the representation and/or description fulfil the relevant criteria. This was not the case here, since important elements which determine the tactile impression of the surface of the object that was represented by a picture and a description , remained unknown. A sample was not accepted as a graphical representation. The Board did not accord a filing date under Articles 27 and 26 CTMR, and also stated that Articles 7 and 4 CTMR were not fulfilled either. The appeal was dismissed.