Judgment of the Court of First Instance (Eighth Chamber) of 17 April 2008 – Nordmilch v OHIM (Vitality)

(Case T-294/06)

Community trade mark – Application for the Community word mark Vitality – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94

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)

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

Applicant for the Community trade mark:	Nordmilch eG
Community trade mark sought:	Verbal mark Vitality for goods and services in Classes 29, 30, 32, 33 and 43 – Application No 2835684
Decision of the examiner:	Application for registration partially dismissed
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1.

Dismisses the action;

2.

Orders Nordmilch eG to pay the costs.