CELEX: 62004TJ0405
Language: en
Date: 2007-10-23 00:00:00
Title: Judgment of the Court of First Instance (First Chamber) of 23 October 2007. # Borco-Marken-Import Matthiesen GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark Caipi - Absolute ground for refusal - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94. # Case T-405/04.

Judgment of the Court of First Instance (First Chamber) of 23 October 2007 – Borco-Marken-Import Matthiesen v OHIM (Caipi)
      (Case T-405/04)
      Community trade mark – Application for the Community word mark Caipi – Absolute ground for refusal – Descriptive 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 38-39)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 6 August 2004 (Case R 912/2002-2) concerning
                  the application for registration as a Community trade mark of the word sign Caipi.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Borco-Marken-Import Matthiesen GmbH & Co. KG
            
         
               Community trade mark sought:
            
            
               Word mark Caipi for products in Class 33 – Application No 2655667
            
         
               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 applicant to pay the costs.