Community trade mark Absolute grounds for refusal Descriptive character Application for the Community word mark PORT LOUIS Designation of the geographical origin of the goods Article 7(1)(c) of Regulation(EC) No 40/94
Sumário
Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008.
Rewe-Zentral AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark PORT LOUIS - Absolute grounds for refusal - Descriptive character - Designation of the geographical origin of the goods - Article 7(1)(c) of Regulation(EC) No 40/94.
Case T-230/06.
Texto da decisão
Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008 – REWE‑Zentral v OHIM (Port Louis)
(Case T-230/06)
Community trade mark – Application for the Community word mark PORT LOUIS – Absolute grounds for refusal – Descriptive character – Designation of the geographical origin of the goods – 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 – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b) and (c)) (see paras 39, 45, 54, 65-66, 70-72)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 21 June 2006 (Case R 25/2006-1) concerning an application to register the word mark PORT LOUIS as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
REWE-Zentral AG |
|
Community trade mark sought: |
Word mark Port Louis for goods in Classes 18, 24 and 25 – Application No 3664133 |
|
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 21 June 2006 (Case R 25/2006-1); |
|
2. |
Orders OHIM to pay the costs. |