Community trade mark Absolute ground for refusal Relevant public Article 7(1)(b) of Regulation (EC) No 40/94 Application for Community trade mark GARUM
Sumário
Judgment of the Court of First Instance (Third Chamber) of 12 March 2008.
Compagnie générale de diététique SAS v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for Community trade mark GARUM - Absolute ground for refusal - Relevant public - Article 7(1)(b) of Regulation (EC) No 40/94.
Case T-341/06.
Texto da decisão
Judgment of the Court of First Instance (Third Chamber) of 12 March 2008 – Compagnie générale de diététique v OHIM (GARUM)
(Case T-341/06)
Community trade mark – Application for Community trade mark GARUM – Absolute ground for refusal – Relevant public – Article 7(1)(b) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 37-38, 44-45)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 7 September 2006 (Case R 1401/2005-1) concerning application for registration of the word sign GARUM as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
Compagnie générale de diététique SAS |
|
Community trade mark sought: |
Word mark GARUM for goods in Class 29 – Application No 3501939 |
|
Decision of the examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 September 2006 (Case R 1401/2005-1); |
|
2. |
Orders OHIM to pay its own costs and the costs of Compagnie générale de diététique SAS. |