CELEX: 62008TJ0251
Language: en
Date: 2011-09-23 00:00:00
Title: Judgment of the General Court (Fifth Chamber) of 23 September 2011. # Vion NV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark PASSION FOR BETTER FOOD - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009). # Case T-251/08.

Judgment of the General Court (Fifth Chamber) of 23 September 2011 – Vion v OHIM (PASSION FOR BETTER FOOD)
      (Case T-251/08)
      Community trade mark – Application for Community word mark PASSION FOR BETTER FOOD – Absolute ground for refusal – Lack of distinctiveness – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)
      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 18-19, 27-28)
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 April 2008 (Case R 562/2007‑4) concerning
                  the registration of the word sign PASSION FOR BETTER FOOD as a Community trade mark.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Vion NV to pay the costs.