CELEX: 62008TA0251
Language: en
Date: 2011-09-23 00:00:00
Title: Case T-251/08: Judgment of the General Court of 23 September 2011 — Vion v OHIM (PASSION FOR BETTER FOOD) (Community trade mark — Application for Community word mark PASSION FOR BETTER FOOD — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))

29.10.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 319/13
            
         Judgment of the General Court of 23 September 2011 — Vion v OHIM (PASSION FOR BETTER FOOD)
   (Case T-251/08) (1)
   
   (Community trade mark - Application for Community word mark PASSION FOR BETTER FOOD - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
   2011/C 319/23
   Language of the case: German
   
      Parties
   
   
      Applicant: Vion NV (Best, Netherlands) (represented by: A. Klinger, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: M. Kicia and subsequently by: R. Manea, acting as Agents)
   
      Re:
   
   Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 April 2008 (Case R 562/2007-4) concerning the registration of the word sign PASSION FOR BETTER FOOD as a Community trade mark
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Vion NV to pay the costs.
            
         
      (1)  OJ C 223, 30.8.2008.