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Judgment of the Court of First Instance (Eighth Chamber) of 17 April 2008. # Nordmilch eG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark Vitality - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-294/06.
ECLI:EU:T:2008:116
62006TJ0294
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(Case T-294/06)
Community trade mark – Application for the Community word mark Vitality – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94
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 28-30)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 August 2006 (Case R 746/2004-4) concerning the registration of the word sign Vitality as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Verbal mark Vitality for goods and services in Classes 29, 30, 32, 33 and 43 – Application No 2835684
Decision of the examiner:
Application for registration partially dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Nordmilch eG to pay the costs.