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Document C2007/096/13
Case C-273/05 P: Judgment of the Court (First Chamber) of 19 April 2007 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) v Celltech R&D Ltd (Appeal — Community trade mark — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Application for word mark CELLTECH — Absolute grounds for refusal — Lack of distinctive character — Descriptive character)
Case C-273/05 P: Judgment of the Court (First Chamber) of 19 April 2007 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) v Celltech R&D Ltd (Appeal — Community trade mark — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Application for word mark CELLTECH — Absolute grounds for refusal — Lack of distinctive character — Descriptive character)
Case C-273/05 P: Judgment of the Court (First Chamber) of 19 April 2007 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) v Celltech R&D Ltd (Appeal — Community trade mark — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Application for word mark CELLTECH — Absolute grounds for refusal — Lack of distinctive character — Descriptive character)
OJ C 96, 28.4.2007, p. 9–9
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV)
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28.4.2007 |
EN |
Official Journal of the European Union |
C 96/9 |
Judgment of the Court (First Chamber) of 19 April 2007 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) v Celltech R&D Ltd
(Case C-273/05 P) (1)
(Appeal - Community trade mark - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Application for word mark CELLTECH - Absolute grounds for refusal - Lack of distinctive character - Descriptive character)
(2007/C 96/13)
Language of the case: English
Parties
Appellant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings: Celltech R&D Ltd (represented by: D. Alexander QC and G. Hobbs QC, instructed by N. Jenkins, Solicitor)
Re:
Appeal against the judgment of the Court of First Instance (Third Chamber) of 14 April 2005 in Case T-260/03 Celltech R&D Limited v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in which the Court of First Instance annulled decision R 659/2002-2 of OHIM's Second Board of Appeal of 19 May 2003, rejecting the appeal against the examiner's decision refusing registration of the word mark ‘CELLTECH ’for goods and services falling within Classes 5, 10 and 42
Operative part of the judgment
The Court:
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1. |
Dismisses the appeal; |
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2. |
Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to pay the costs. |