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Document 62006TJ0147

Judgment of the Court of First Instance (Second Chamber) of 26 November 2008.
En Route International Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for registration of the word mark FRESHHH as a Community trade mark - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94.
Case T-147/06.

European Court Reports 2008 II-00288*

ECLI identifier: ECLI:EU:T:2008:528





Judgment of the Court of First Instance (Second Chamber) of 26 November 2008 – En Route International v OHIM (FRESHHH)

(Case T-147/06)

Community trade mark – Application for registration of the word mark FRESHHH as a Community trade mark – Absolute ground for refusal – Descriptive character – Article 7(1)(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 21, 28)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 March 2006 (Case R 352/2005-4) concerning registration of the word sign FRESHHH as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

En Route International Ltd

Community trade mark sought:

Word mark FRESHHH for goods in Classes 29, 30 and 32 – Application No 3198165

Decision of the examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders En Route International Ltd to pay the costs.

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