Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Third Chamber) of 12 March 2008 – Compagnie générale de diététique v OHIM (GARUM)**

**(Case T-341/06)**

Community trade mark – Application for Community trade mark GARUM – Absolute ground for refusal – Relevant public – Article 7(1)(b) of Regulation (EC) No 40/94

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 37-38, 44-45)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 7 September 2006 (Case R 1401/2005-1) concerning application for registration of the word sign GARUM as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Compagnie générale de diététique SAS |
| Community trade mark sought: | Word mark GARUM for goods in Class 29 – Application No 3501939 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 September 2006 (Case R 1401/2005-1); |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders OHIM to pay its own costs and the costs of Compagnie générale de diététique SAS. |

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