Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Sixth Chamber) of 19 May 2010 – Arbeitsgemeinschaft Golden Toast v OHIM (Golden Toast)**

**(Case T-163/08)**

Community trade mark – Application for the Community word mark Golden Toast – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation No 207/2009)

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 24, 33)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 January 2008 (Case R 761/2007‑1) relating to an application to register the word sign Golden Toast as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Arbeitsgemeinschaft Golden Toast eV |
| Community trade mark sought: | Word mark Golden Toast for goods and services in Classes 5, 8, 9, 11, 14, 16, 21, 24, 25, 28 to 32, 39 and 41 to 44 – Application No 4811171 |
| Decision of the examiner: | Application refused in part, in respect of the goods in Classes 11 and 30 |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Arbeitsgemeinschaft Golden Toast eV to pay the costs. |

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