CELEX: 62007TJ0128
Language: en
Date: 2008-03-12 00:00:00
Title: Judgment of the Court of First Instance (Eighth Chamber) of 12 March 2008. # Suez v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community trade mark GARUM - Absolute ground for refusal - Relevant public - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-128/07.

Judgment of the Court of First Instance (Eighth Chamber) of 12 March 2008 – Suez v OHIM (Delivering the essentials of life)
      (Case T-128/07)
      Community trade mark – Application for Community word mark Delivering the essentials of life – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94
      Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 27-29)
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 2 February 2007 (Case R 811/2006-1) concerning
                  an application for registration of the mark Delivering the essentials of life as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Suez
            
         
               Community trade mark sought:
            
            
               Word mark Delivering the essentials of life for goods and services in Classes 1, 9, 11, 16 and 35 to 42 – Application No 4102497
                  
               
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Suez to pay the costs.