Source: EURLEX
Language: en
Format: md

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| 17.4.2004 | EN | Official Journal of the European Union | C 94/12 |

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ORDER OF THE COURT

(Fourth Chamber)

5 February 2004

in Case C-150/02 P: Streamserve Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM),[(1)](#ntr1-C_2004094EN.01001201-E0001)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Absolute ground for refusal to register - Distinctive character - Marks consisting exclusively of descriptive signs or indications - ‘Streamserve’)

(2004/C 94/22)

Language of the case: English

In Case C-150/02 P: Streamserve Inc., represented by J. Kääriäinen, advokat, with an address for service in Luxembourg: Appeal against the judgment of the Court of First Instance of the European Communities (Fourth Chamber) of 27 February 2002 in Case T-106/00 Streamserve v OHIM (Streamserve) [2002] ECR II-723, seeking the annulment of that judgment in so far as the Court of First Instance held that the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) had not infringed Article 7(1)(c) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) in its decision of 28 February 2000 refusing registration of the word ‘Streamserve’ as a Community trade mark, other than as regards goods in the categories ‘manuals’ and ‘publications’ (Case R 423/1999-2), the other party to the proceedings being: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), (Agent: E. Joly), the Court (Fourth Chamber), composed of: J.N. Cunha Rodrigues, President of the Chamber, J.-P. Puissochet (Rapporteur) and F. Macken, Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has made an order on 5 February 2004, the operative part of which is as follows:

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| 1. | The appeal is dismissed. |

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| 2. | The appellant is to pay the costs. |

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