Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 21 January 2008 – giropay v OHIM (GIROPAY)**

**(Case T-399/06)**

Community trade mark – Application for the Community word mark GIROPAY – 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 27-28, 36-40, 43)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 26 October 2006 (Case R 308/2005-4) concerning an application for registration of the word mark GIROPAY as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Giropay GmbH |
| Community trade mark sought: | Work mark GIROPAY for goods in Classes 9, 36 to 38 and 42 – Application No 2843514 |
| Decision of the Examiner’s Division: | Registration partially refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders giropay GmbH to pay the costs. |

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