Community trade mark Absolute ground for refusal Duty to state reasons Descriptive character Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation No 207/2009) Application for the Community word mark LE GOMMAGE DES FACADES First sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009)
Sumário
Judgment of the General Court (First Chamber) of 10 March 2010.
Baid SARL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark LE GOMMAGE DES FACADES - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation No 207/2009) - Duty to state reasons - First sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009).
Case T-31/09.
Texto da decisão
Judgment of the General Court (First Chamber) of 10 March 2010 – Baid v OHIM (LE GOMMAGE DES FACADES)
(Case T-31/09)
Community trade mark – Application for the Community word mark LE GOMMAGE DES FACADES – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009) – Duty to state reasons – First sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009)
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 28, 33-34)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 30 October 2008 (Case R 963/2008-1), concerning an application to register the word sign LE GOMMAGE DES FACADES as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
Baid SARL |
|
Community trade mark sought: |
Word mark LE GOMMAGE DES FACADES for goods and services in Classes 3, 19 and 37 – application No 6071641 |
|
Decision of the Examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Baid SARL to pay the costs. |