CELEX: 62007TJ0373
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

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.