Judgment of the Court of First Instance (Third Chamber) of 12 March 2008 – Compagnie générale de diététique v OHIM (GARUM)

(Case T-341/06)

Community trade mark – Application for Community trade mark GARUM – Absolute ground for refusal – Relevant public – 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 37-38, 44-45)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 7 September 2006 (Case R 1401/2005-1) concerning application for registration of the word sign GARUM as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Compagnie générale de diététique SAS
Community trade mark sought:	Word mark GARUM for goods in Class 29 – Application No 3501939
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

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 7 September 2006 (Case R 1401/2005-1);

2.

Orders OHIM to pay its own costs and the costs of Compagnie générale de diététique SAS.