CELEX: 62005TJ0304
Community trade mark
Application for a figurative Community trade mark consisting of the device of a pentagon
Absolute ground for refusal
Absence of distinctive character
Simplicity of the sign

ACTION brought against the decision of the First Board of Appeal of OHIM of 23 May 2005 (Case R 975/2004-1) concerning the
registration of the device of a pentagon as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Cain Cellars, Inc.
Community trade mark sought:
Pentagonal figurative mark for the goods ‘wine’ in Class 33 – Application No 3425121
Decision of the Examiner:
Application for registration dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the appeal;
2.
Orders Cain Cellars, Inc. to pay the costs.