Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 24.5.2008 | EN | Official Journal of the European Union | C 128/32 |

---

Judgment of the Court of First Instance of 17 April 2008 — Nordmilch v OHIM (Vitality)

(Case T-294/06)[(1)](#ntr1-C_2008128EN.01003203-E0001)

(Community trade mark - Application for the Community word mark Vitality - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 128/70)

Language of the case: German

Parties

Applicant: Nordmilch eG (Zeven, Germany) (represented by: R. Schneider, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 August 2006 (Case R 746/2004-4) concerning the registration of the word sign Vitality as a Community trade mark.

Operative part of the judgment

|  |  |
| --- | --- |
| 1. | The action is dismissed. |

|  |  |
| --- | --- |
| 2. | Nordmilch eG is ordered to pay the costs. |

---

[Top](#document1)