CELEX: 62008TJ0163
Language: en
Date: 2010-05-19
Title: Judgment of the General Court (Sixth Chamber) of 19 May 2010. # Arbeitsgemeinschaft Golden Toast eV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark Golden Toast - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation No 207/2009). # Case T-163/08.

Judgment of the General Court (Sixth Chamber) of 19 May 2010 – Arbeitsgemeinschaft Golden Toast v OHIM (Golden Toast)
      (Case T-163/08)
      Community trade mark – Application for the Community word mark Golden Toast – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation 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 24, 33)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade
                  Marks and Designs) of 31 January 2008 (Case R 761/2007‑1) relating to an application to register the word sign Golden Toast
                  as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Arbeitsgemeinschaft Golden Toast eV
            
         
               Community trade mark sought: 
            
            
               Word mark Golden Toast for goods and services in Classes 5, 8, 9, 11, 14, 16, 21, 24, 25, 28 to 32, 39 and 41 to 44 – Application
                  No 4811171
               
            
         
               Decision of the examiner:
            
            
               Application refused in part, in respect of the goods in Classes 11 and 30
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed 
            
         
      Operative part
      The Court
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Arbeitsgemeinschaft Golden Toast eV to pay the costs.