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Order of the Court of First Instance (First Chamber) of 14 July 2008. # Fresyga, SA v Commission of the European Communities. # Action for annulment - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora- Decision 2006/613/EC - List of sites of Community importance for the Mediterranean biogeographical region - Challengeable act - Lack of direct effect - Inadmissible. # Case T-323/06.
ECLI:EU:T:2008:286
62006TO0323
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Judgment of the Court of First Instance (Fifth Chamber) of 9 July 2008 – Coffee Store v OHIM (THE COFFEE STORE)
(Case T-323/05)
Community trade mark – Application for the Community word mark THE COFFEE STORE – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94
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 42-43)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 June 2005 (Case R 855/2004-2) concerning an application for the registration of the word sign THE COFFEE STORE as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
The Coffee Store GmbH
Community trade mark sought:
Word mark THE COFFEE STORE for goods and services in Classes 30, 32 and 43
Decision of the Examiner:
Refusal of registration
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders The Coffee Store GmbH to pay the costs.