Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Fourth Chamber) of 15 June 2010 – Actega Terra v OHIM (TERRAEFFEKT matt & gloss)**

**(Case T-118/08)**

Community trade mark – Application for the Community word mark TERRAEFFEKT matt & gloss – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

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 33-34, 51-53)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 7 January 2008 (Case R 1467/2007‑1) concerning an application for registration of the word sign TERRAEFFEKT matt & gloss as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Actega Terra GmbH |
| Community trade mark sought: | Word mark TERRAEFFEKT matt & gloss for goods in Class 2 – Application No 5454517 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Actega Terra GmbH to pay the costs. |

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