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Judgment of the Court of First Instance (Fifth Chamber) of 15 February 2007. # Indorata-Serviços e Gestão Ldª v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community trade mark HAIRTRANSFER - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94. # Case T-204/04.
ECLI:EU:T:2007:52
62004TJ0204
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(Case T-204/04)
Community trade mark – Application for Community trade mark HAIRTRANSFER – Absolute grounds 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 32-40)
Re:
APPEAL against the decision of the Second Board of Appeal of OHIM of 1 April 2004 (Case R 435/2003-2) concerning an application for registration of the word mark HAIRTRANSFER as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Indorata-Serviços e Gestão, Lda
Community trade mark sought:
Word mark HAIRTRANSFER for goods in Classes 8, 22, 41 and 44 – Application No 2619039
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
Dismisses the appeal;
Orders Indorata-Serviços e Gestão, Lda to pay the costs.