CELEX: 62007TJ0226
Language: en
Date: 2008-09-17 00:00:00
Title: Judgment of the Court of First Instance (Eighth Chamber) of 17 September 2008. # Prana Haus GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for registration of the word mark PRANAHAUS - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94. # Case T-226/07.

Judgment of the Court of First Instance (Eighth Chamber) of 17 September 2008 – Prana Haus v OHIM (PRANAHAUS)
      (Case T-226/07)
      Community trade mark – Application for registration of the word mark PRANAHAUS – Absolute ground 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 31-35)
      
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 18 April 2007 (Case R 1611/2006-1) concerning
                  an application for registration of the word mark PRANAHAUS as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Prana Haus GmbH
            
         
               Community trade mark sought:
            
            
               Word mark PRANAHAUS for goods and services in Classes 9, 16 and 35 – Application No 4839916
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Prana Haus GmbH to pay the costs.