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Document 62008TJ0251

    Judgment of the General Court (Fifth Chamber) of 23 September 2011.
    Vion NV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for Community word mark PASSION FOR BETTER FOOD - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009).
    Case T-251/08.

    European Court Reports 2011 II-00315*

    ECLI identifier: ECLI:EU:T:2011:526





    Judgment of the General Court (Fifth Chamber) of 23 September 2011 – Vion v OHIM (PASSION FOR BETTER FOOD)

    (Case T-251/08)

    Community trade mark – Application for Community word mark PASSION FOR BETTER FOOD – Absolute ground for refusal – Lack of distinctiveness – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)

    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 18-19, 27-28)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 April 2008 (Case R 562/2007‑4) concerning the registration of the word sign PASSION FOR BETTER FOOD as a Community trade mark.

    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Vion NV to pay the costs.

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