CELEX: 62006TO0323
Language: en
Date: 2008-07-14 00:00:00
Title: Order of the Court of First Instance (First Chamber) of 14 July 2008. # Fresyga, SA v Commission of the European Communities. # Action for annulment - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora- Decision 2006/613/EC - List of sites of Community importance for the Mediterranean biogeographical region - Challengeable act - Lack of direct effect - Inadmissible. # Case T-323/06.

Judgment of the Court of First Instance (Fifth Chamber) of 9 July 2008 – Coffee Store v OHIM (THE COFFEE STORE)
      (Case T-323/05)
      Community trade mark – Application for the Community word mark THE COFFEE STORE – 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 42-43)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 June 2005 (Case R 855/2004-2) concerning an
                  application for the registration of the word sign THE COFFEE STORE as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               The Coffee Store GmbH
            
         
               Community trade mark sought:
            
            
               Word mark THE COFFEE STORE for goods and services in Classes 30, 32 and 43
            
         
               Decision of the Examiner:
            
            
               Refusal of registration
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders The Coffee Store GmbH to pay the costs.