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Judgment of the General Court (Fifth Chamber) of 23 September 2011. # Vion NV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark PASSION FOR BETTER FOOD - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009). # Case T-251/08.
ECLI:EU:T:2011:526
62008TJ0251
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(Case T-251/08)
Community trade mark – Application for Community word mark PASSION FOR BETTER FOOD – Absolute ground for refusal – Lack of distinctiveness – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)
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 18-19, 27-28)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 April 2008 (Case R 562/2007‑4) concerning the registration of the word sign PASSION FOR BETTER FOOD as a Community trade mark.
Operative part
The Court:
1.Dismisses the action;
2.Orders Vion NV to pay the costs.