Source: EURLEX
Language: en
Format: md

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| 15.8.2008 | EN | Official Journal of the European Union | C 209/45 |

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Judgment of the Court of First Instance of 9 July 2008 — Coffee Store v OHIM (THE COFFEE STORE)

(Case T-323/05)[(1)](#ntr1-C_2008209EN.01004502-E0001)

(Community trade mark - Application for the Community word mark THE COFFEE STORE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94)

(2008/C 209/78)

Language of the case: German

Parties

Applicant: The Coffee Store GmbH (Mannheim, Germany) (represented by: M. Buddeberg, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially T. Eichenberg, and subsequently by G. Schneider, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 June 2005 (Case R 855/2004-2) concerning an application for the registration of the word sign THE COFFEE STORE as a Community trade mark

Operative part of the judgment

The Court:

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| 1. | dismisses the action; |

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| 2. | orders The Coffee Store GmbH to pay the costs. |

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