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Judgment of the Court of First Instance (Fourth Chamber) of 21 January 2009. # giropay GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark GIROPAY - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94. # Case T-399/06.
ECLI:EU:T:2009:11
62006TJ0399
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Judgment of the Court of First Instance (Fourth Chamber) of 21 January 2008 – giropay v OHIM (GIROPAY)
(Case T-399/06)
Community trade mark – Application for the Community word mark GIROPAY – 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 27-28, 36-40, 43)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 26 October 2006 (Case R 308/2005-4) concerning an application for registration of the word mark GIROPAY as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Work mark GIROPAY for goods in Classes 9, 36 to 38 and 42 – Application No 2843514
Decision of the Examiner’s Division:
Registration partially refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders giropay GmbH to pay the costs.