Order of the Court (Fifth Chamber) of 9 December 2009 – Prana Haus v OHIM

(Case C-494/08 P)

Appeal – Article 119 of the Rules of Procedure – Community trade mark – Word mark PRANAHAUS – Regulation (EC) No 40/94 – Absolute ground for refusal – Descriptive character – Appeal in part manifestly inadmissible and in part manifestly unfounded

1.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Trade marks consisting exclusively of signs or indications to designate a product’s characteristics (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 29-31)

2.                     Appeals – Grounds – Incorrect assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 36)

Re:

Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) of 17 September 2008 in Case T-226/07 Prana Haus v OHIM , by which the Court of First Instance dismissed the action seeking annulment of the decision of 18 April 2007 of the First Board of Appeal of OHIM dismissing the appeal against the examiner’s decision to refuse registration of the word mark PRANAHAUS for goods and services in Classes 9, 16 and 35 – Descriptive character of the mark.

Operative part

The Court:

1.

Dismisses the appeal;

2.

Orders Prana Haus GmbH to pay the costs.