CELEX: 62006TJ0147
Language: en
Date: 2008-11-26 00:00:00
Title: Judgment of the Court of First Instance (Second Chamber) of 26 November 2008. # En Route International Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for registration of the word mark FRESHHH as a Community trade mark - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94. # Case T-147/06.

Judgment of the Court of First Instance (Second Chamber) of 26 November 2008 – En Route International v OHIM (FRESHHH)
      (Case T-147/06)
      Community trade mark – Application for registration of the word mark FRESHHH as a Community trade mark – Absolute ground for refusal – Descriptive character – 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 (Council Regulation
         No 40/94, Art. 7(1)(c)) (see paras 21, 28)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 March 2006 (Case R 352/2005-4) concerning registration
                  of the word sign FRESHHH as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               En Route International Ltd
            
         
               Community trade mark sought:
            
            
               Word mark FRESHHH for goods in Classes 29, 30 and 32 – Application No 3198165
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders En Route International Ltd to pay the costs.