Official Journal of the European Union

(Case T-325/07) (*)

(Community trade mark - Application for Community word mark SURFCARD - Absolute ground for refusal - Partially descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94)

(2009/C 6/56)

Language of the case: French

Parties

Applicant: Caisse fédérale du Crédit mutuel Centre-Est Europe (CFCMCEE) (Strasbourg, France) (represented by: P. Greffe, J. Schouman and L. Paudrat, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 June 2007 (Case R 1130/2006-1) concerning an application for registration of the word sign SURFCARD as a Community trade mark.

Operative part of the judgment

The Court:

1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 June 2007 (Case R 1130/2006-1) to the extent that it refuses the registration as a Community trade mark of the word sign SURFCARD for ‘magnetic data media, optical data media’ falling within Class 9 and ‘credit card services, debit card services’ falling within Class 36 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended.

2.Dismisses the action as to the remainder.

3.Orders the Caisse fédérale du Crédit mutuel Centre-Est Europe (CFCMCEE) and OHIM to bear their own costs.

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(*) Language of the case: French.

ECLI:EU:C:2009:6

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