(Case T-163/08)

Community trade mark – Application for the Community word mark Golden Toast – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation No 207/2009)

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 24, 33)

Re:

ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 January 2008 (Case R 761/2007‑1) relating to an application to register the word sign Golden Toast as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark Golden Toast for goods and services in Classes 5, 8, 9, 11, 14, 16, 21, 24, 25, 28 to 32, 39 and 41 to 44 – Application No 4811171

Decision of the examiner:

Application refused in part, in respect of the goods in Classes 11 and 30

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court

1.Dismisses the action;

2.Orders Arbeitsgemeinschaft Golden Toast eV to pay the costs.