Community trade mark Absolute ground for refusal Descriptive character Article 7(1)(c) of Regulation (EC) No 40/94 Application for the Community word mark GIROPAY
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 21 January 2009.
giropay GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark GIROPAY - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94.
Case T-399/06.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 21 January 2008 – giropay v OHIM (GIROPAY)
(Case T-399/06)
Community trade mark – Application for the Community word mark GIROPAY – 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 27-28, 36-40, 43)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 26 October 2006 (Case R 308/2005-4) concerning an application for registration of the word mark GIROPAY as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
Giropay GmbH |
|
Community trade mark sought: |
Work mark GIROPAY for goods in Classes 9, 36 to 38 and 42 – Application No 2843514 |
|
Decision of the Examiner’s Division: |
Registration partially refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders giropay GmbH to pay the costs. |