Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (First Chamber) of 23 October 2007 – Borco-Marken-Import Matthiesen v OHIM (Caipi)**

**(Case T-405/04)**

Community trade mark – Application for the Community word mark Caipi – Absolute ground for refusal – Descriptive character – Article 7(1)(b) and (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 38-39)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 6 August 2004 (Case R 912/2002-2) concerning the application for registration as a Community trade mark of the word sign Caipi. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Borco-Marken-Import Matthiesen GmbH & Co. KG |
| Community trade mark sought: | Word mark Caipi for products in Class 33 – Application No 2655667 |
| Decision of the Examiner: | Refusal of registration |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders the applicant to pay the costs. |

[Top](#document1)