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Judgment of the Court of First Instance (First Chamber) of 12 September 2007. # Cain Cellars, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a figurative Community trade mark consisting of the device of a pentagon - Absolute ground for refusal - Absence of distinctive character - Simplicity of the sign. # Case T-304/05.
ECLI:EU:T:2007:271
62005TJ0304
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(Case T-304/05)
Community trade mark – Application for a figurative Community trade mark consisting of the device of a pentagon – Absolute ground for refusal – Absence of distinctive character – Simplicity of the sign
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 23-26)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 23 May 2005 (Case R 975/2004-1) concerning the registration of the device of a pentagon as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Pentagonal figurative mark for the goods ‘wine’ in Class 33 – Application No 3425121
Decision of the Examiner:
Application for registration dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the appeal;
2.Orders Cain Cellars, Inc. to pay the costs.