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Document 62007TJ0373

Judgment of the Court of First Instance (First Chamber) of 12 November 2008.
EOS GmbH Electro Optical Systems v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for Community word mark PrimeCast - Absolute ground for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94.
Case T-373/07.

European Court Reports 2008 II-00256*

ECLI identifier: ECLI:EU:T:2008:491





Judgment of the Court of First Instance (First Chamber) of 12 November 2008 – EOS v OHIM (PrimeCast)

(Case T-373/07)

Community trade mark – Application for Community word mark PrimeCast – Absolute ground for refusal – Descriptive character – Lack of distinctive 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)(b) and (c)) (see paras 24-29, 36)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 July 2007 (Case R 333/2005-4) concerning an application for registration of the word mark PrimeCast as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

EOS GmbH Electro Optical Systems

Community trade mark sought:

Word mark PrimeCast for goods and services in Classes 1, 19, 40 and 42 – Application No 2854677

Decision of the examiner:

Partial refusal of registration

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the application;

2.

Orders EOS GmbH Electro Optical Systems to pay the costs.

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