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Case T-251/08: Judgment of the General Court of 23 September 2011 — Vion v OHIM (PASSION FOR BETTER FOOD) (Community trade mark — Application for Community word mark PASSION FOR BETTER FOOD — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62008TA0251
62008TA0251
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Valentina R., lawyer
29.10.2011
Official Journal of the European Union
C 319/13
(Case T-251/08)(<span class="super">1</span>)
(Community trade mark - Application for Community word mark PASSION FOR BETTER FOOD - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
2011/C 319/23
Language of the case: German
Parties
Applicant: Vion NV (Best, Netherlands) (represented by: A. Klinger, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: M. Kicia and subsequently by: R. Manea, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 April 2008 (Case R 562/2007-4) concerning the registration of the word sign PASSION FOR BETTER FOOD as a Community trade mark
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Vion NV to pay the costs.
(<span class="super">1</span>) OJ C 223, 30.8.2008.