CELEX: 62005TJ0304
Language: en
Date: 2007-09-12
Title: Judgment of the Court of First Instance (First Chamber) of 12 September 2007. # Cain Cellars, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a figurative Community trade mark consisting of the device of a pentagon - Absolute ground for refusal - Absence of distinctive character - Simplicity of the sign. # Case T-304/05.

Judgment of the Court of First Instance (First Chamber) of 12 September 2007 – Cain Cellars v OHIM (Device of a pentagon)
      (Case T-304/05)
      Community trade mark – Application for a figurative Community trade mark consisting of the device of a pentagon – Absolute ground for refusal – Absence of distinctive character – Simplicity of the sign
      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 23-26)
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 23 May 2005 (Case R 975/2004-1) concerning the
                  registration of the device of a pentagon as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Cain Cellars, Inc.
            
         
               Community trade mark sought:
            
            
               Pentagonal figurative mark for the goods ‘wine’ in Class 33 – Application No 3425121
            
         
               Decision of the Examiner:
            
            
               Application for registration dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Cain Cellars, Inc. to pay the costs.