CELEX: 62009TJ0377
Language: en
Date: 2011-12-15
Title: Judgment of the General Court (Fourth Chamber) of 15 December 2011. # Mövenpick Holding v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark PASSIONATELY SWISS - Absolute grounds for refusal - Geographical indication of origin - Lack of distinctive character. # Case T-377/09.

Judgment of the General Court (Fourth Chamber) of 15 December 2011 – Mövenpick v OHIM (PASSIONATELY SWISS)
      (Case T-377/09)
      Community trade mark – Application for Community word mark PASSIONATELY SWISS – Absolute grounds for refusal – Geographical indication of origin – Lack of distinctive character
      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 207/2009, Art. 7(1)(c)) (see paras 21, 39, 44-45, 48)
      
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R 1457/2008-1) relating to
                  an application for registration of the word mark PASSIONATELY SWISS as a Community trade mark.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mövenpick Holding to pay the costs.