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Case T-373/07: Judgment of the Court of First Instance of 12 November 2008 — EOS v OHIM (PrimeCast) (Community trade mark — Application for Community word mark PrimeCast — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62007TA0373
62007TA0373
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10.1.2009
Official Journal of the European Union
C 6/28
(Case T-373/07)(Community trade mark - Application for Community word mark PrimeCast - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94)
(2009/C 6/58)
Language of the case: German
Parties
Applicant: EOS GmbH Electro Optical Systems (Krailling, Germany) (represented by: M. Mentjes, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner and G. Schneider, agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 July 2007 (Case R 333/2005-4) concerning an application for registration of the word mark PrimeCast as a Community trade mark
Operative part of the judgment
The Court:
1.Dismisses the application;
2.orders EOS GmbH Electro Optical Systems to pay the costs.
(1) OJ C 283, 24.11.2007.