Source: EURLEX
Language: en
Format: md

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| 10.1.2009 | EN | Official Journal of the European Union | C 6/28 |

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Judgment of the Court of First Instance of 12 November 2008 — EOS v OHIM (PrimeCast)

(Case T-373/07)[(1)](#ntr1-C_2009006EN.01002802-E0001)

(Community trade mark - Application for Community word mark PrimeCast - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94)

(2009/C 6/58)

Language of the case: German

Parties

Applicant: EOS GmbH Electro Optical Systems (Krailling, Germany) (represented by: M. Mentjes, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 July 2007 (Case R 333/2005-4) concerning an application for registration of the word mark PrimeCast as a Community trade mark

Operative part of the judgment

The Court:

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| 1. | Dismisses the application; |

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| 2. | orders EOS GmbH Electro Optical Systems to pay the costs. |

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