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Document 62007TJ0128

Judgment of the Court of First Instance (Eighth Chamber) of 12 March 2008.
Suez v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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.
Case T-128/07.

European Court Reports 2008 II-00036*

ECLI identifier: ECLI:EU:T:2008:72





Judgment of the Court of First Instance (Eighth Chamber) of 12 March 2008 – Suez v OHIM (Delivering the essentials of life)

(Case T-128/07)

Community trade mark – Application for Community word mark Delivering the essentials of life – Absolute ground for refusal – Lack of distinctive character – 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 27-29)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 2 February 2007 (Case R 811/2006-1) concerning an application for registration of the mark Delivering the essentials of life as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Suez

Community trade mark sought:

Word mark Delivering the essentials of life for goods and services in Classes 1, 9, 11, 16 and 35 to 42 – Application No 4102497

Decision of the examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Suez to pay the costs.

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