CELEX: 62009TJ0077
Language: en
Date: 2010-03-09 00:00:00
Title: Judgment of the General Court (Second Chamber) of 9 March 2010. # hofherr communikation GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - International registration designating the European Community - Word mark NATURE WATCH - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009). # Case T-77/09.

Judgment of the General Court (Second Chamber) of 9 March 2010 – hofherr communikation v OHIM (NATURE WATCH)
      (Case T-77/09)
      Community trade mark – International registration designating the European Community – Word mark NATURE WATCH – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)
      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 23, 39)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 4 December 2008 (Case R 1410/2008-1) concerning
                  the international registration, designating the European Community, of the word sign NATURE WATCH.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               hofherr communikation GmbH
            
         
               Community trade mark sought:
            
            
               Word mark NATURE WATCH for goods and services in Classes 9, 39, 41 and 43 – international registration No WOO957541
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders hofherr communikation GmbH to pay the costs.