Order — ECLI:EU:C:2009:759
Date: 2009-12-09
Language of the case: German
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Appeals;Descriptive marks
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Germany

Order of the Court (Fifth Chamber) of 9 December 2009 - Prana Haus GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Case C-494/08 P) 1 (Appeal - Article 119 of the Rules of Procedure - Community trade mark - Word mark PRANAHAUS - Regulation (EC) No 40/94 - Absolute ground for refusal - Descriptive character -Appeal manifestly inadmissible in part and manifestly unfounded in part) Language of the case: German Parties Applicant: Prana Haus GmbH (represented by: N. Hebeis, Rechtsanwalt) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Weberndörfer, Agent) Re: Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) delivered on 17 September 2008 in Case T-226/07 Prana Haus GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) by which the Court of First Instance dismissed the action for annulment of the decision of the First Board of Appeal of OHIM of 18 April 2007 dismissing the appeal against the Examiner's decision to refuse registration of the word mark PRANAHAUS for goods and services in classes 9, 16 and 35 - Descriptive character of the mark Operative part of the order The appeal is dismissed. Prana Haus GmbH is ordered to pay the costs. ____________ 1 - 2 - OJ C 32, 7.2.2009.