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Judgment of the General Court (Fifth Chamber) of 4 March 2010. # Monoscoop BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark SUDOKU SAMURAI BINGO - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009). # Case T-564/08.
ECLI:EU:T:2010:74
62008TJ0564
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(Case T-564/08)
Community trade mark – Application for Community word mark SUDOKU SAMURAI BINGO – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)
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)(c)) (see paras 18, 28, 35)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 September 2008 (Case R 816/2008‑2) concerning an application for registration of the word mark SUDOKU SAMURAI BINGO as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark SUDOKU SAMURAI BINGO for goods and services in Classes 9, 28 and 41 – application No 5769013
Decision of the Examiner:
Application dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Monoscoop BV to pay the costs.