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Document 62005TJ0304
Judgment of the Court of First Instance (First Chamber) of 12 September 2007. # Cain Cellars, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a figurative Community trade mark consisting of the device of a pentagon - Absolute ground for refusal - Absence of distinctive character - Simplicity of the sign. # Case T-304/05.
Judgment of the Court of First Instance (First Chamber) of 12 September 2007.
Cain Cellars, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for a figurative Community trade mark consisting of the device of a pentagon - Absolute ground for refusal - Absence of distinctive character - Simplicity of the sign.
Case T-304/05.
Judgment of the Court of First Instance (First Chamber) of 12 September 2007.
Cain Cellars, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for a figurative Community trade mark consisting of the device of a pentagon - Absolute ground for refusal - Absence of distinctive character - Simplicity of the sign.
Case T-304/05.
European Court Reports 2007 II-00112*
ECLI identifier: ECLI:EU:T:2007:271
Judgment of the Court of First Instance (First Chamber) of 12 September 2007 – Cain Cellars v OHIM (Device of a pentagon)
(Case T-304/05)
Community trade mark – Application for a figurative Community trade mark consisting of the device of a pentagon – Absolute ground for refusal – Absence of distinctive character – Simplicity of the sign
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 23-26)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 23 May 2005 (Case R 975/2004-1) concerning the registration of the device of a pentagon as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
Cain Cellars, Inc. |
|
Community trade mark sought: |
Pentagonal figurative mark for the goods ‘wine’ in Class 33 – Application No 3425121 |
|
Decision of the Examiner: |
Application for registration dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the appeal; |
|
2. |
Orders Cain Cellars, Inc. to pay the costs. |