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Document 62008TJ0163

    Judgment of the General Court (Sixth Chamber) of 19 May 2010.
    Arbeitsgemeinschaft Golden Toast eV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for the Community word mark Golden Toast - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation No 207/2009).
    Case T-163/08.

    European Court Reports 2010 II-00093*

    ECLI identifier: ECLI:EU:T:2010:208

    Date of document:
    19/05/2010
    Date lodged:
    29/04/2008
    Author:
    General Court
    Country or organisation from which the request originates:
    Germany
    Form:
    Judgment
    Authentic language:
    German
    Type of procedure:
    Action for annulment - unfounded
    Applicant:
    Individual
    Defendant:
    EU institutions and bodies, European Union Intellectual Property Office
    Judge-Rapporteur:
    Meij
    Link
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    Instruments cited in case law:





    Judgment of the General Court (Sixth Chamber) of 19 May 2010 – Arbeitsgemeinschaft Golden Toast v OHIM (Golden Toast)

    (Case T-163/08)

    Community trade mark – Application for the Community word mark Golden Toast – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation No 207/2009)

    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 (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 24, 33)

    Re:

    ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 January 2008 (Case R 761/2007‑1) relating to an application to register the word sign Golden Toast as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    Arbeitsgemeinschaft Golden Toast eV

    Community trade mark sought:

    Word mark Golden Toast for goods and services in Classes 5, 8, 9, 11, 14, 16, 21, 24, 25, 28 to 32, 39 and 41 to 44 – Application No 4811171

    Decision of the examiner:

    Application refused in part, in respect of the goods in Classes 11 and 30

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court

    1.

    Dismisses the action;

    2.

    Orders Arbeitsgemeinschaft Golden Toast eV to pay the costs.

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