OHIM has lodged an appeal to the European Court of Justice against the failure of the Court of First Instance (CFI) to refuse the Community trade mark application of American Clothing Associates in Case T-215/06 American Clothing Associates v OHIM. The appeal, now designated Case C-208/08 P, relates to an application to register a figurative mark consisting of a maple leaf in silhouette together with the letters RW. The CFI took the view that Article 6 ter of the Paris Convention did not automatically prohibit registration of a sign corresponding to a national emblem.

OHIM maintains that

"the Community legislature itself contests that it is necessary to draw a distinction between trade marks for goods and trade marks for services since Article 29 of the Community Trade Mark Regulation, which transposes Article 4 A of the Paris Convention, relating to rights of priority, mentions explicitly the services covered by a trade mark application".