CELEX: 62007TJ0373
Language: en
Date: 2008-11-12 00:00:00
Title: Judgment of the Court of First Instance (First Chamber) of 12 November 2008. # EOS GmbH Electro Optical Systems v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark PrimeCast - Absolute ground for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94. # Case T-373/07.

Judgment of the Court of First Instance (First Chamber) of 12 November 2008 – EOS v OHIM (PrimeCast)
      (Case T-373/07)
      Community trade mark – Application for Community word mark PrimeCast – Absolute ground for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (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)(b) and (c)) (see paras 24-29, 36)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 July 2007 (Case R 333/2005-4) concerning an
                  application for registration of the word mark PrimeCast as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               EOS GmbH Electro Optical Systems
            
         
               Community trade mark sought:
            
            
               Word mark PrimeCast for goods and services in Classes 1, 19, 40 and 42 – Application No 2854677
            
         
               Decision of the examiner:
            
            
               Partial refusal of registration
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the application;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders EOS GmbH Electro Optical Systems to pay the costs.