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Case T-399/06: Judgment of the Court of First Instance of 21 January 2009 — giropay v OHIM (GIROPAY) (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)
ECLI:EU:UNKNOWN:62006TA0399
62006TA0399
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Official Journal of the European Union
C 55/22
(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)
(2009/C 55/39)
Language of the case: German
Parties
Applicant: giropay GmbH (Frankfurt am Main, Germany) (represented by: K. Gründig-Schnelle, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt, Agent)
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.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders giropay GmbH to pay the costs.
(<span class="super">1</span>) OJ C 42, 24.2.2007.