Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008 – REWE‑Zentral v OHIM (Port Louis)

(Case T-230/06)

Community trade mark – Application for the Community word mark PORT LOUIS – Absolute grounds for refusal – Descriptive character – Designation of the geographical origin of the goods – 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 – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b) and (c)) (see paras 39, 45, 54, 65-66, 70-72)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 21 June 2006 (Case R 25/2006-1) concerning an application to register the word mark PORT LOUIS as a Community trade mark.

Information relating to the case

Operative part

The Court:

1.

Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 June 2006 (Case R 25/2006-1);

2.

Orders OHIM to pay the costs.