CELEX: 62008TJ0118
Language: en
Date: 2010-06-15
Title: Judgment of the General Court (Fourth Chamber) of 15 June 2010. # Actega Terra GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark TERRAEFFEKT matt & gloss - 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-118/08.

Judgment of the General Court (Fourth Chamber) of 15 June 2010 – Actega Terra v OHIM (TERRAEFFEKT matt & gloss) 
      (Case T-118/08)
      Community trade mark – Application for the Community word mark TERRAEFFEKT matt & gloss – 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 33-34, 51-53)
      
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 7 January 2008 (Case R 1467/2007‑1) concerning
                  an application for registration of the word sign TERRAEFFEKT matt & gloss as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Actega Terra GmbH
            
         
               Community trade mark sought:
            
            
               Word mark TERRAEFFEKT matt & gloss for goods in Class 2 – Application No 5454517
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Actega Terra GmbH to pay the costs.