CELEX: 62006TJ0330
Language: en
Date: 2008-06-10
Title: Judgment of the Court of First Instance (First Chamber) of 10 June 2008. # Novartis AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community mark - Absolute grounds for refusal - Article 7(1)(b) and (c) of Regulation (EC) No 40/94. # Case T-330/06.

Judgment of the Court of First Instance (First Chamber) of 10 June  2008 – Novartis v OHIM (BLUE SOFT)
      (Case T-330/06)
      Community trade mark – Application for Community word mark BLUE SOFT – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (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 46-47, 54)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 14 September 2006 (Case R 270/2006‑1) concerning
                  an application for registration of the word mark BLUE SOFT as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Novartis AG
            
         
               Community trade mark sought:
            
            
               Word mark BLUE SOFT for goods in Class 9 (Application No 3007846)
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Novartis AG to pay the costs.