||All England Reporter
|| All ER (D) 111 (Oct)
||Court of First Instance of the European Communities (Second Chamber)
Judges Moura Ramos (President), Pirrung and Meij
||9 October 2002
European Community - Trade marks - Community trade mark - Examiner refusing to register abstract design for application to the surface of glass products as Community trade mark - Whether proposed mark lacking distinctive character - Whether Board of Appeal infringing applicants right to a hearing - Council Regulation (EC) 40/94, arts 7(1)(b), 7(3).
The Board of Appeal had infringed the applicant's right to a hearing by raising new objections for the first time in its decision rejecting an appeal against the examiner's decision, which had rejected an application for a community trademark.
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