Absolute grounds for refusal Article 7(1)(b) and (c) of Regulation (EC) No 40/94 Community mark
Sumário
Judgment of the Court of First Instance (First Chamber) of 10 June 2008.
Novartis AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community mark - Absolute grounds for refusal - Article 7(1)(b) and (c) of Regulation (EC) No 40/94.
Case T-330/06.
Texto da decisão
Judgment of the Court of First Instance (First Chamber) of 10 June 2008 – Novartis v OHIM (BLUE SOFT)
(Case T-330/06)
Community trade mark – Application for Community word mark BLUE SOFT – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94
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 46-47, 54)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 14 September 2006 (Case R 270/2006‑1) concerning an application for registration of the word mark BLUE SOFT as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
Novartis AG |
|
Community trade mark sought: |
Word mark BLUE SOFT for goods in Class 9 (Application No 3007846) |
|
Decision of the examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Novartis AG to pay the costs. |