CELEX: 62006TJ0230
Language: en
Date: 2008-10-15 00:00:00
Title: Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008. # Rewe-Zentral AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark PORT LOUIS - Absolute grounds for refusal - Descriptive character - Designation of the geographical origin of the goods - Article 7(1)(c) of Regulation(EC) No 40/94. # Case T-230/06.

Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008 – REWE‑Zentral v OHIM (Port Louis)
      (Case T-230/06)
      Community trade mark – Application for the Community word mark PORT LOUIS – Absolute grounds for refusal – Descriptive character – Designation of the geographical origin of the goods – 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 – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b) and (c)) (see paras 39, 45, 54, 65-66,
         70-72)
      
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 21 June 2006 (Case R 25/2006-1) concerning an
                  application to register the word mark PORT LOUIS as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               REWE-Zentral AG
            
         
               Community trade mark sought:
            
            
               Word mark Port Louis for goods in Classes 18, 24 and 25 – Application No 3664133
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
                     (OHIM) of 21 June 2006 (Case R 25/2006-1);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay the costs.