In American Clothing Associates v. OHIM [EUECJ] C-202/08 (16 July 2009) the Court of the First Chamber (“First Chamber”) dismissed an appeal brought by American Clothing Associates NV (“American”) and upheld the decision of the First Board of Appeal of OHIM (“OHIM Board”) rejecting an application for registration of a sign representing a maple leaf as a Community trade mark as an imitation of the Canadian emblem. The First Chamber’s decision was in response to appeals by both parties, as joint cases C-202/08 P and C-208/08 P, and set aside the split judgement of the Court of the First Instance (CFI) (Case T-215/06 American Clothing Associates v OHIM (Representation of a maple leaf) [2008] ECR II-303 (“the judgement under appeal”).

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