Judgment — ECLI:EU:T:2007:271
Date: 2007-09-12
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: Figurative marks
Procedure: Action for annulment - unfounded

Judgment of the Court of First Instance of 12 September 2007 - Cain Cellars, Inc. v OHIM (Device of a pentagon) (Case T-304/05) 1 (Community trade mark - Application for a figurative Community trade mark consisting of the device of a pentagon - Absolute ground for refusal - Absence of distinctive character - Simplicity of the sign) Language of the case: German Parties Applicant: Cain Cellars, Inc. (St. Helena, California, United States) (represented by: J. Albrecht and W.-W. Wodrich, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Weberndörfer and G. Schneider, Agents) Re: Action brought against the decision of the First Board of Appeal of OHIM of 23 May 2005 (Case R 975/2004-1) concerning the registration of the device of a pentagon as a Community trade mark. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Cain Cellars, Inc. to pay the costs. ____________ 1 - OJ C 257 of 15.10.2005.