CELEX: 62008TJ0564
Language: en
Date: 2010-03-04
Title: Judgment of the General Court (Fifth Chamber) of 4 March 2010. # Monoscoop BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark SUDOKU SAMURAI BINGO - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009). # Case T-564/08.

Judgment of the General Court (Fifth Chamber) of 4 March 2010 – Monoscoop v OHIM (SUDOKU SAMURAI BINGO)
      (Case T-564/08)
      Community trade mark – Application for Community word mark SUDOKU SAMURAI BINGO – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)
      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 18, 28, 35)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 September 2008 (Case R 816/2008‑2) concerning
                  an application for registration of the word mark SUDOKU SAMURAI BINGO as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Monoscoop BV
            
         
               Community trade mark sought:
            
            
               Word mark SUDOKU SAMURAI BINGO for goods and services in Classes 9, 28 and 41 – application No 5769013
            
         
               Decision of the Examiner:
            
            
               Application dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Monoscoop BV to pay the costs.