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Document 62004TJ0405

    Judgment of the Court of First Instance (First Chamber) of 23 October 2007.
    Borco-Marken-Import Matthiesen GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for the Community word mark Caipi - Absolute ground for refusal - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94.
    Case T-405/04.

    European Court Reports 2007 II-00135*

    ECLI identifier: ECLI:EU:T:2007:315





    Judgment of the Court of First Instance (First Chamber) of 23 October 2007 – Borco-Marken-Import Matthiesen v OHIM (Caipi)

    (Case T-405/04)

    Community trade mark – Application for the Community word mark Caipi – Absolute ground for refusal – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94

    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 38-39)

    Re:

    ACTION brought against the decision of the Second Board of Appeal of OHIM of 6 August 2004 (Case R 912/2002-2) concerning the application for registration as a Community trade mark of the word sign Caipi.

    Information relating to the case

    Applicant for the Community trade mark:

    Borco-Marken-Import Matthiesen GmbH & Co. KG

    Community trade mark sought:

    Word mark Caipi for products in Class 33 – Application No 2655667

    Decision of the Examiner:

    Refusal of registration

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders the applicant to pay the costs.

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