CELEX: 62009TJ0031
Language: en
Date: 2010-03-10
Title: Judgment of the General Court (First Chamber) of 10 March 2010. # Baid SARL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark LE GOMMAGE DES FACADES - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation No 207/2009) - Duty to state reasons - First sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009). # Case T-31/09.

Judgment of the General Court (First Chamber) of 10 March 2010 – Baid v OHIM (LE GOMMAGE DES FACADES)
      (Case T-31/09)
      Community trade mark – Application for the Community word mark LE GOMMAGE DES FACADES – 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) – Duty to state reasons – First sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation 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 28, 33-34)
      
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 30 October 2008 (Case R 963/2008-1), concerning
                  an application to register the word sign LE GOMMAGE DES FACADES as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Baid SARL
            
         
               Community trade mark sought:
            
            
               Word mark LE GOMMAGE DES FACADES for goods and services in Classes 3, 19 and 37 – application No 6071641
            
         
               Decision of the Examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Baid SARL to pay the costs.