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(Case T-330/06)(Community trade mark - Application for Community word mark BLUE SOFT - Absolute grounds for refusal - Descriptive nature - Lack of distinctive nature - Article 7(1)(b) and (c) of Regulation No 40/94)
(2008/C 183/39)
Language of the case: German
Applicant: Novartis AG (Basel, Switzerland) (represented by: N. Hebeis, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Action brought against the decision of the First Board of Appeal of OHIM of 14 September 2006 (Case R 270/2006-1) concerning an application for registration of the word mark BLUE SOFT as a Community trade mark
The Court:
1.Dismisses the action;
2.Orders Novartis AG to pay the costs.
(<span class="super">1</span>) OJ C 326, 31.12.2006.