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Case T-294/06: Judgment of the Court of First Instance of 17 April 2008 — Nordmilch v OHIM (Vitality) (Community trade mark — Application for the Community word mark Vitality — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62006TA0294
62006TA0294
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Valentina R., lawyer
24.5.2008
Official Journal of the European Union
C 128/32
(Case T-294/06)
(Community trade mark - Application for the Community word mark Vitality - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)
(2008/C 128/70)
Language of the case: German
Parties
Applicant: Nordmilch eG (Zeven, Germany) (represented by: R. Schneider, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 August 2006 (Case R 746/2004-4) concerning the registration of the word sign Vitality as a Community trade mark.
Operative part of the judgment
1.The action is dismissed.
2.Nordmilch eG is ordered to pay the costs.
(<span class="super">1</span>) OJ C 310, 16.12.2006.