Keywords
Subject of the case
Operative part

Keywords

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 28-30

)

Subject of the case

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.

Information relating to the case

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Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Nordmilch eG to pay the costs.