Source: EURLEX
Language: en
Format: md

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| 12.11.2005 | EN | Official Journal of the European Union | C 281/21 |

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Judgment of the Court of First Instance of 27 September 2005 — Cargo Partner AG v OHIM

(Case T-123/04)[(1)](#ntr1-C_2005281EN.01002103-E0001)

(Community trade mark - Word sign CARGO PARTNER - Absolute ground for refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Absence of distinctive character)

(2005/C 281/40)

Language of the case: German

Parties

Applicant(s): Cargo Partner AG (Fischamend, Austria) (represented by: M. Wolner, lawyer)

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

Application for

annulment of the decision of the First Board of Appeal of OHIM of 26 January 2004 (Case R 346/2003-1), in relation to the application for registration of the word sign CARGO PARTNER as a Community trade mark

Operative part of the judgment

The Court:

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| 1) | Dismisses the action. |

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

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