Community trade mark Absolute ground for refusal Descriptive character Article 7(1)(c) of Regulation (EC) No 40/94 Application for registration of the word mark FRESHHH as a Community trade mark
Sumário
Judgment of the Court of First Instance (Second Chamber) of 26 November 2008.
En Route International Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for registration of the word mark FRESHHH as a Community trade mark - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94.
Case T-147/06.
Texto da decisão
Judgment of the Court of First Instance (Second Chamber) of 26 November 2008 – En Route International v OHIM (FRESHHH)
(Case T-147/06)
Community trade mark – Application for registration of the word mark FRESHHH as a Community trade mark – Absolute ground for refusal – Descriptive character – Article 7(1)(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 21, 28)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 March 2006 (Case R 352/2005-4) concerning registration of the word sign FRESHHH as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
En Route International Ltd |
|
Community trade mark sought: |
Word mark FRESHHH for goods in Classes 29, 30 and 32 – Application No 3198165 |
|
Decision of the examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders En Route International Ltd to pay the costs. |