Judgment — ECLI:EU:T:2007:315
Date: 2007-10-23
Language of the case: German
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the Court of First Instance (First Chamber) of 23 October 2007 – Borco-Marken-Import Matthiesen v OHIM (Caipi) (Case T-405/04) Community trade mark – Application for the Community word mark Caipi – Absolute ground for refusal – Descriptive character – Article 7(1)(b) and (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 38-39) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 6 August 2004 (Case R 912/2002-2) concerning the application for registration as a Community trade mark of the word sign Caipi. Information relating to the case Applicant for the Community trade mark: Borco-Marken-Import Matthiesen GmbH & Co. KG Community trade mark sought: Word mark Caipi for products in Class 33 – Application No 2655667 Decision of the Examiner: Refusal of registration Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders the applicant to pay the costs.