Judgment — ECLI:EU:T:2008:185
Date: 2008-06-10
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

Judgment of the Court of First Instance (First Chamber) of 10 June 2008 – Novartis v OHIM (BLUE SOFT) (Case T-330/06) Community trade mark – Application for Community word mark BLUE SOFT – Absolute grounds for refusal – Descriptive character – Lack of distinctive 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 46-47, 54) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 14 September 2006 (Case R 270/2006‑1) concerning an application for registration of the word mark BLUE SOFT as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Novartis AG Community trade mark sought: Word mark BLUE SOFT for goods in Class 9 (Application No 3007846) Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Novartis AG to pay the costs.