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Order of the Court (Fifth Chamber) of 9 December 2009. # Prana Haus GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs). # Appeal - Article 119 of the Rules of Procedure - Community trade mark - Word mark PRANAHAUS - Regulation (EC) No 40/94 - Absolute ground for refusal - Descriptive character - Appeal in part manifestly inadmissible and in part manifestly unfounded. # Case C-494/08 P.
ECLI:EU:C:2009:759
62008CO0494
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(Case C-494/08 P)
Appeal – Article 119 of the Rules of Procedure – Community trade mark – Word mark PRANAHAUS – Regulation (EC) No 40/94 – Absolute ground for refusal – Descriptive character – Appeal in part manifestly inadmissible and in part manifestly unfounded
Re:
Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) of 17 September 2008 in Case T-226/07 Prana Haus v OHIM, by which the Court of First Instance dismissed the action seeking annulment of the decision of 18 April 2007 of the First Board of Appeal of OHIM dismissing the appeal against the examiner’s decision to refuse registration of the word mark PRANAHAUS for goods and services in Classes 9, 16 and 35 – Descriptive character of the mark.
Operative part
The Court:
1.Dismisses the appeal;
2.Orders Prana Haus GmbH to pay the costs.