Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Eighth Chamber) of 17 April 2008 – Nordmilch v OHIM (Vitality)**

**(Case T-294/06)**

Community trade mark – Application for the Community word mark Vitality – Absolute ground for refusal – Lack of distinctive character – 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 28-30)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 August 2006 (Case R 746/2004-4) concerning the registration of the word sign Vitality as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Nordmilch eG |
| Community trade mark sought: | Verbal mark Vitality for goods and services in Classes 29, 30, 32, 33 and 43 – Application No 2835684 |
| Decision of the examiner: | Application for registration partially dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Nordmilch eG to pay the costs. |

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