Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (First Chamber) of 12 September 2007 – Cain Cellars v OHIM (Device of a pentagon)**

**(Case T-304/05)**

Community trade mark – Application for a figurative Community trade mark consisting of the device of a pentagon – Absolute ground for refusal – Absence of distinctive character – Simplicity of the sign

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 23-26)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 23 May 2005 (Case R 975/2004-1) concerning the registration of the device of a pentagon as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Cain Cellars, Inc. |
| Community trade mark sought: | Pentagonal figurative mark for the goods ‘wine’ in Class 33 – Application No 3425121 |
| Decision of the Examiner: | Application for registration dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the appeal; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Cain Cellars, Inc. to pay the costs. |

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