CELEX: 62006TA0294
Language: en
Date: 2008-04-17 00:00:00
Title: Case T-294/06: Judgment of the Court of First Instance of 17 April 2008 — Nordmilch v OHIM (Vitality) (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)

24.5.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 128/32
            
         Judgment of the Court of First Instance of 17 April 2008 — Nordmilch v OHIM (Vitality)
   (Case T-294/06) (1)
   
   (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)
   (2008/C 128/70)
   Language of the case: German
   Parties
   
      Applicant: Nordmilch eG (Zeven, Germany) (represented by: R. Schneider, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
   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.
   Operative part of the judgment
   
               1.
            
            
               The action is dismissed.
            
         
               2.
            
            
               Nordmilch eG is ordered to pay the costs.
            
         
      (1)  OJ C 310, 16.12.2006.