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Judgment of the Court of First Instance (First Chamber) of 12 November 2008. # EOS GmbH Electro Optical Systems v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark PrimeCast - Absolute ground for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94. # Case T-373/07.
ECLI:EU:T:2008:491
62007TJ0373
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(Case T-373/07)
Community trade mark – Application for Community word mark PrimeCast – Absolute ground for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (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)(b) and (c)) (see paras 24-29, 36)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 July 2007 (Case R 333/2005-4) concerning an application for registration of the word mark PrimeCast as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark PrimeCast for goods and services in Classes 1, 19, 40 and 42 – Application No 2854677
Decision of the examiner:
Partial refusal of registration
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the application;
2.Orders EOS GmbH Electro Optical Systems to pay the costs.