CELEX: C2005/330/54
Language: en
Date: 2005-12-24 00:00:00
Title: Case T-305/04: Judgment of the Court of First Instance of  27 October 2005  — Eden v OHIM (Community trade mark — Olfactory mark: Smell of ripe strawberries — Absolute ground for refusal — Sign not capable of being represented graphically — Article 7(1)(a) of Regulation (EC) No 40/94)

24.12.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 330/22
            
         Judgment of the Court of First Instance of 27 October 2005 — Eden v OHIM
   (Case T-305/04) (1)
   
   (Community trade mark - Olfactory mark: Smell of ripe strawberries - Absolute ground for refusal - Sign not capable of being represented graphically - Article 7(1)(a) of Regulation (EC) No 40/94)
   (2005/C 330/54)
   Language of the case: French
   Parties
   
      Applicant(s): Eden SARL (Paris, France) (represented by M. Antoine-Lalance, avocat)
   
      Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by A. Folliard-Monguiral, Agent)
   Application for
   annulment of the decision of the First Board of Appeal of OHIM of 24 May 2004 (Case R 591/2003-1) concerning registration of the olfactory sign, Smell of ripe strawberries, as a Community trade mark
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the applicant to pay the costs.
            
         
      (1)  OJ C 262, 23.10.2004.