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) International registration designating the European Community Word mark NATURE WATCH
Sumário
Judgment of the General Court (Second Chamber) of 9 March 2010.
hofherr communikation GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - International registration designating the European Community - Word mark NATURE WATCH - 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-77/09.
Texto da decisão
Judgment of the General Court (Second Chamber) of 9 March 2010 – hofherr communikation v OHIM (NATURE WATCH)
(Case T-77/09)
Community trade mark – International registration designating the European Community – Word mark NATURE WATCH – 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, 39)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 4 December 2008 (Case R 1410/2008-1) concerning the international registration, designating the European Community, of the word sign NATURE WATCH. |
Information relating to the case
|
Applicant for the Community trade mark: |
hofherr communikation GmbH |
|
Community trade mark sought: |
Word mark NATURE WATCH for goods and services in Classes 9, 39, 41 and 43 – international registration No WOO957541 |
|
Decision of the examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders hofherr communikation GmbH to pay the costs. |