CELEX: 62008TJ0385
Language: en
Date: 2010-07-08 00:00:00
Title: Judgment of the General Court (Fifth Chamber) of 8 July 2010. # Nadine Trautwein Rolf Trautwein GbR, Research and Development v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a Community figurative mark representing a dog - 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-385/08.

Judgment of the General Court (Fifth Chamber) of 8 July 2010 – Trautwein v OHIM (Representation of a dog) 
      (Case T-385/08)
      Community trade mark – Application for a Community figurative mark representing a dog – 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 23, 27-30)
      
      Re:
      
         
               ACTION brought against the decision of 30 June 2008 of the First Board of Appeal of OHIM (Case R 1734/2007-1) concerning an
                  application for registration as a Community trade mark of a figurative sign representing a dog.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Nadine Trautwein Rolf Trautwein GbR, Research and Development
            
         
               Community trade mark sought:
            
            
               Representation of a dog for goods in Classes 18, 25 and 31 – Application No 4829321
            
         
               Decision of the examiner:
            
            
               Registration refused 
            
         
               Decision of the Board of Appeal:
            
            
               Annulment of the contested decision as regards ‘clothing, footwear and headgear; belts’ in Class 25
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs.