CELEX: 62006TJ0294
Community trade mark
Application for the Community word mark Vitality
Absolute ground for refusal
Lack of distinctive character
Article 7(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 August 2006 (Case R 746/2004-4) concerning
the registration of the word sign Vitality as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Nordmilch eG
Community trade mark sought:
Verbal mark Vitality for goods and services in Classes 29, 30, 32, 33 and 43 – Application No 2835684
Decision of the examiner:
Application for registration partially dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Nordmilch eG to pay the costs.