CELEX: 62004TJ0204
Language: en
Date: 2007-02-15 00:00:00
Title: Judgment of the Court of First Instance (Fifth Chamber) of 15 February 2007. # Indorata-Serviços e Gestão Ldª v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community trade mark HAIRTRANSFER - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94. # Case T-204/04.

Judgment of the Court of First Instance (Fifth Chamber) of 15 February 2007 – Indorata-Serviços e Gestão v OHIM (HAIRTRANSFER)
      (Case T-204/04)
      Community trade mark – Application for Community trade mark HAIRTRANSFER – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94
      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 32-40)
      
      Re:
      
         APPEAL against the decision of the Second Board of Appeal of OHIM of 1 April 2004 (Case R 435/2003-2) concerning an application
                  for registration of the word mark HAIRTRANSFER as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Indorata-Serviços e Gestão, Lda
            
         
               Community trade mark sought:
            
            
               Word mark HAIRTRANSFER for goods in Classes 8, 22, 41 and 44 – Application No 2619039
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the appeal;
               
            
         
                   
               
               
                  
               
               
                  Orders Indorata-Serviços e Gestão, Lda to pay the costs.