CELEX: 62006TJ0399
Language: en
Date: 2009-01-21
Title: Judgment of the Court of First Instance (Fourth Chamber) of 21 January 2009. # giropay GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark GIROPAY - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94. # Case T-399/06.

Judgment of the Court of First Instance (Fourth Chamber) of 21 January 2008 – giropay v OHIM (GIROPAY)
      (Case T-399/06)
      Community trade mark – Application for the Community word mark GIROPAY – 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 27-28, 36-40, 43)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 26 October 2006 (Case R 308/2005-4) concerning
                  an application for registration of the word mark GIROPAY as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Giropay GmbH
            
         
               Community trade mark sought:
            
            
               Work mark GIROPAY for goods in Classes 9, 36 to 38 and 42 – Application No 2843514
            
         
               Decision of the Examiner’s Division:
            
            
               Registration partially refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders giropay GmbH to pay the costs.