Source: EURLEX
Language: en
Format: md

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| 8.12.2007 | EN | Official Journal of the European Union | C 297/38 |

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Judgment of the Court of First Instance of 23 October 2007 — Borco-Marken-Import Mathiessen v OHIM (Caipi)

(Case T-405/04)[(1)](#ntr1-C_2007297EN.01003802-E0001)

(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)

(2007/C 297/78)

Language of the case: German

Parties

Applicant: Borco-Marken-Import Mathiessen GmbH & Co KG (Hamburg, Germany) (represented by: M. Wolter, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

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.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders the applicant to pay the costs. |

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