Judgment — ECLI:EU:T:2011:753
Date: 2011-12-15
Language of the case: German
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court of 15 December 2011 - Mövenpick v OHIM (PASSIONATELY SWISS) (Case T-377/09)  (Community trade mark - Application for Community word mark PASSIONATELY SWISS - Absolute grounds for refusal - Geographical indication of origin - Lack of distinctive character) Language of the case: German Parties Applicant: Mövenpick-Holding (Cham, Swizerland) (represented by: M. Taxhet, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent) Re: Action brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R 1457/2008-1) relating to an application for registration of the word mark PASSIONATELY SWISS as a Community trade mark. Operative part of the judgment The Court: 1. Dismisses the action. 2. Orders Mövenpick Holding to pay the costs. ____________ 1 - OJ C 282, 21.11.2009.