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Order of the Court (Fifth Chamber) of 26 October 2007. # PTV Planung Transport Verkehr AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Absolute grounds for refusal - Lack of distinctiveness - Word mark ‘map&guide’. # Case C-512/06 P.
ECLI:EU:C:2007:649
62006CO0512
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(Case C‑512/06 P)
Appeal – Community trade mark – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 – Absolute grounds for refusal – Lack of distinctiveness – Word mark ‘map&guide’
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Lack of distinctiveness of sign (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 24, 26, 41)
Re:
Appeal against the judgment of the Court of First Instance (Second Chamber) of 10 October 2006 in Case T-302/03, PTV v OHIM (map&guide), dismissing the action for annulment of the decision which refused the application for registration of the word mark ‘map&guide’ in respect of certain goods and services in Classes 9, 41 and 42 – Distinctiveness of the mark.
Operative part
The appeal is dismissed.
PTV Planung Transport Verkehr AG is ordered to pay the costs.