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Document 62008TA0251

    Case T-251/08: Judgment of the General Court of 23 September 2011 — Vion v OHIM (PASSION FOR BETTER FOOD) (Community trade mark — Application for Community word mark PASSION FOR BETTER FOOD — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))

    SL C 319, 29.10.2011, p. 13–13 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    29.10.2011   

    EN

    Official Journal of the European Union

    C 319/13


    Judgment of the General Court of 23 September 2011 — Vion v OHIM (PASSION FOR BETTER FOOD)

    (Case T-251/08) (1)

    (Community trade mark - Application for Community word mark PASSION FOR BETTER FOOD - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))

    2011/C 319/23

    Language of the case: German

    Parties

    Applicant: Vion NV (Best, Netherlands) (represented by: A. Klinger, lawyer)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: M. Kicia and subsequently by: R. Manea, acting as Agents)

    Re:

    Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 April 2008 (Case R 562/2007-4) concerning the registration of the word sign PASSION FOR BETTER FOOD as a Community trade mark

    Operative part of the judgment

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Vion NV to pay the costs.


    (1)  OJ C 223, 30.8.2008.


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