Judgment — ECLI:EU:T:2008:381
Date: 2008-09-17
Language of the case: German
Court formation: Eighth 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 (Eighth Chamber) of 17 September 2008 – Prana Haus v OHIM (PRANAHAUS) (Case T-226/07) Community trade mark – Application for registration of the word mark PRANAHAUS – Absolute ground for refusal – Descriptive character – Article 7(1)(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 31-35) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 18 April 2007 (Case R 1611/2006-1) concerning an application for registration of the word mark PRANAHAUS as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Prana Haus GmbH Community trade mark sought: Word mark PRANAHAUS for goods and services in Classes 9, 16 and 35 – Application No 4839916 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Prana Haus GmbH to pay the costs.