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Judgment of the General Court (Fourth Chamber) of 15 December 2011. # Mövenpick Holding v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark PASSIONATELY SWISS - Absolute grounds for refusal - Geographical indication of origin - Lack of distinctive character. # Case T-377/09.
ECLI:EU:T:2011:753
62009TJ0377
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(Case T-377/09)
Community trade mark – Application for Community word mark PASSIONATELY SWISS – Absolute grounds for refusal – Geographical indication of origin – Lack of distinctive character
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 207/2009, Art. 7(1)(c)) (see paras 21, 39, 44-45, 48)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R 1457/2008-1) relating to an application for registration of the word mark PASSIONATELY SWISS as a Community trade mark.
Operative part
The Court:
1.Dismisses the action;
2.Orders Mövenpick Holding to pay the costs.