(Case T-325/07)

Community trade mark – Application for Community word mark SURFCARD – Absolute ground for refusal – Partially 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 47, 64, 68, 73, 77-78, 81-84)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 14 June 2007 (Case R 1130/2006-1) concerning an application for registration of the word sign SURFCARD as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark SURFCARD for goods and services in Classes 9, 36 and 38 – Application No 3837564

Decision of the Opposition Division:

Partial refusal of registration

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 14 June 2007 (Case R 1130/2006-1) to the extent that it refuses the registration as a Community trade mark of the word sign SURFCARD for ‘magnetic data media, optical data media’ falling within Class 9 and ‘credit card services, debit card services’ falling within Class 36 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;

2.Dismisses the action as to the remainder;

3.Orders the Caisse fédérale du Crédit mutuel Centre-Est Europe (CFCMCEE) and OHIM to bear their own costs.