The first of two Court of First Instance decisions that were handed down this morning is Case T‑215/06, American Clothing Associates SA v OHIM (available so far in French, Polish and Swedish only). The applicant appealed against OHIM's refusal to register the "RW" mark (illustrated, right) as a Community trade mark. The ground of appeal was

"... infringement of Article 7(1)(h) of Council Regulation 40/94 and of Article 6 ter of the Paris Convention in so far as the Board of Appeal of OHIM failed to take into consideration the overall impression of the mark applied for and erred in its assessment of the imitative heraldic character of a maple leaf from which it is formed. The applicant also claims that the Board of Appeal was wrong to refuse to take into consideration the reputation of the trade mark when applying an absolute ground for refusal provided for in Article 7(1)(h) of Regulation 40/94"