CELEX: 62006TJ0294
Language: en
Date: 2008-04-17
Title: Judgment of the Court of First Instance (Eighth Chamber) of 17 April 2008. # Nordmilch eG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark Vitality - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-294/06.

Judgment of the Court of First Instance (Eighth Chamber) of 17 April 2008 – Nordmilch v OHIM (Vitality)
      (Case T-294/06)
      Community trade mark – Application for the Community word mark Vitality – 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 28-30)
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 August 2006 (Case R 746/2004-4) concerning
                  the registration of the word sign Vitality as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Nordmilch eG
            
         
               Community trade mark sought:
            
            
               Verbal mark Vitality for goods and services in Classes 29, 30, 32, 33 and 43 – Application No 2835684
            
         
               Decision of the examiner:
            
            
               Application for registration partially dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Nordmilch eG to pay the costs.