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Judgment of the Court of First Instance (Eighth Chamber) of 17 September 2008. # Prana Haus GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for registration of the word mark PRANAHAUS - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94. # Case T-226/07.
ECLI:EU:T:2008:381
62007TJ0226
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(Case T-226/07)
Community trade mark – Application for registration of the word mark PRANAHAUS – 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 31-35)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 18 April 2007 (Case R 1611/2006-1) concerning an application for registration of the word mark PRANAHAUS as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark PRANAHAUS for goods and services in Classes 9, 16 and 35 – Application No 4839916
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Prana Haus GmbH to pay the costs.