Community trade mark 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) Application for a Community figurative mark representing a dog
Sumário
Judgment of the General Court (Fifth Chamber) of 8 July 2010.
Nadine Trautwein Rolf Trautwein GbR, Research and Development v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for a Community figurative mark representing a dog - 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).
Case T-385/08.
Texto da decisão
Judgment of the General Court (Fifth Chamber) of 8 July 2010 – Trautwein v OHIM (Representation of a dog)
(Case T-385/08)
Community trade mark – Application for a Community figurative mark representing a dog – 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)
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 23, 27-30)
Re:
| ACTION brought against the decision of 30 June 2008 of the First Board of Appeal of OHIM (Case R 1734/2007-1) concerning an application for registration as a Community trade mark of a figurative sign representing a dog. |
Information relating to the case
|
Applicant for the Community trade mark: |
Nadine Trautwein Rolf Trautwein GbR, Research and Development |
|
Community trade mark sought: |
Representation of a dog for goods in Classes 18, 25 and 31 – Application No 4829321 |
|
Decision of the examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Annulment of the contested decision as regards ‘clothing, footwear and headgear; belts’ in Class 25 |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs. |