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Judgment of the Court of First Instance (Third Chamber) of 12 March 2008. # Compagnie générale de diététique SAS v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community trade mark GARUM - Absolute ground for refusal - Relevant public - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-341/06.
ECLI:EU:T:2008:70
62006TJ0341
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(Case T-341/06)
Community trade mark – Application for Community trade mark GARUM – Absolute ground for refusal – Relevant public – 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 37-38, 44-45)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 7 September 2006 (Case R 1401/2005-1) concerning application for registration of the word sign GARUM as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark GARUM for goods in Class 29 – Application No 3501939
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 September 2006 (Case R 1401/2005-1);
Orders OHIM to pay its own costs and the costs of Compagnie générale de diététique SAS.