This document is an excerpt from the EUR-Lex website
Document C2005/330/54
Case T-305/04: Judgment of the Court of First Instance of 27 October 2005 — Eden v OHIM (Community trade mark — Olfactory mark: Smell of ripe strawberries — Absolute ground for refusal — Sign not capable of being represented graphically — Article 7(1)(a) of Regulation (EC) No 40/94)
Case T-305/04: Judgment of the Court of First Instance of 27 October 2005 — Eden v OHIM (Community trade mark — Olfactory mark: Smell of ripe strawberries — Absolute ground for refusal — Sign not capable of being represented graphically — Article 7(1)(a) of Regulation (EC) No 40/94)
Case T-305/04: Judgment of the Court of First Instance of 27 October 2005 — Eden v OHIM (Community trade mark — Olfactory mark: Smell of ripe strawberries — Absolute ground for refusal — Sign not capable of being represented graphically — Article 7(1)(a) of Regulation (EC) No 40/94)
OJ C 330, 24.12.2005, p. 22–22
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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24.12.2005 |
EN |
Official Journal of the European Union |
C 330/22 |
Judgment of the Court of First Instance of 27 October 2005 — Eden v OHIM
(Case T-305/04) (1)
(Community trade mark - Olfactory mark: Smell of ripe strawberries - Absolute ground for refusal - Sign not capable of being represented graphically - Article 7(1)(a) of Regulation (EC) No 40/94)
(2005/C 330/54)
Language of the case: French
Parties
Applicant(s): Eden SARL (Paris, France) (represented by M. Antoine-Lalance, avocat)
Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by A. Folliard-Monguiral, Agent)
Application for
annulment of the decision of the First Board of Appeal of OHIM of 24 May 2004 (Case R 591/2003-1) concerning registration of the olfactory sign, Smell of ripe strawberries, as a Community trade mark
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders the applicant to pay the costs. |