Community trade mark Absolute ground for refusal Lack of distinctive character Article 7(1)(b) of Regulation (EC) No 40/94 Application for the Community word mark Vitality
Sumário
Judgment of the Court of First Instance (Eighth Chamber) of 17 April 2008.
Nordmilch eG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark Vitality - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94.
Case T-294/06.
Texto da decisão
Judgment of the Court of First Instance (Eighth Chamber) of 17 April 2008 – Nordmilch v OHIM (Vitality)
(Case T-294/06)
Community trade mark – Application for the Community word mark Vitality – Absolute ground for refusal – Lack of distinctive character – 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 28-30)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 August 2006 (Case R 746/2004-4) concerning the registration of the word sign Vitality as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
Nordmilch eG |
|
Community trade mark sought: |
Verbal mark Vitality for goods and services in Classes 29, 30, 32, 33 and 43 – Application No 2835684 |
|
Decision of the examiner: |
Application for registration partially dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Nordmilch eG to pay the costs. |