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Document 62006TJ0399

Judgment of the Court of First Instance (Fourth Chamber) of 21 January 2009.
giropay GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark GIROPAY - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94.
Case T-399/06.

European Court Reports 2009 II-00005*

ECLI identifier: ECLI:EU:T:2009:11





Judgment of the Court of First Instance (Fourth Chamber) of 21 January 2008 – giropay v OHIM (GIROPAY)

(Case T-399/06)

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

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 27-28, 36-40, 43)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 26 October 2006 (Case R 308/2005-4) concerning an application for registration of the word mark GIROPAY as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Giropay GmbH

Community trade mark sought:

Work mark GIROPAY for goods in Classes 9, 36 to 38 and 42 – Application No 2843514

Decision of the Examiner’s Division:

Registration partially refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders giropay GmbH to pay the costs.

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