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Case C-494/08 P: Order of the Court (Fifth Chamber) of 9 December 2009 — Prana Haus GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Article 119 of the Rules of Procedure — Community trade mark — Word mark PRANAHAUS — Regulation (EC) No 40/94 — Absolute ground for refusal — Descriptive character — Appeal manifestly inadmissible in part and manifestly unfounded in part)
ECLI:EU:UNKNOWN:62008CB0494
62008CB0494
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13.3.2010
EN
Official Journal of the European Union
C 63/19
(Case C-494/08 P) (<span class="super">1</span>)
(Appeal - Article 119 of the Rules of Procedure — Community trade mark — Word mark PRANAHAUS — Regulation (EC) No 40/94 — Absolute ground for refusal — Descriptive character - Appeal manifestly inadmissible in part and manifestly unfounded in part)
2010/C 63/28
Language of the case: German
Parties
Applicant: Prana Haus GmbH (represented by: N. Hebeis, Rechtsanwalt)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Weberndörfer, Agent)
Re:
Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) delivered on 17 September 2008 in Case T-226/07 Prana Haus GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) by which the Court of First Instance dismissed the action for annulment of the decision of the First Board of Appeal of OHIM of 18 April 2007 dismissing the appeal against the Examiner's decision to refuse registration of the word mark PRANAHAUS for goods and services in classes 9, 16 and 35 — Descriptive character of the mark
Operative part of the order
1.The appeal is dismissed.
2.Prana Haus GmbH is ordered to pay the costs.
(<span class="super">1</span>) OJ C 32, 7.2.2009.