Judgment of the Court of First Instance (Eighth Chamber) of 12 March 2008 – Suez v OHIM (Delivering the essentials of life)
(Case T-128/07)
Community trade mark – Application for Community word mark Delivering the essentials of life – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 27-29)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 2 February 2007 (Case R811/2006-1) concerning an application for registration of the mark Delivering the essentials of life as a Community trade mark. |
Information relating to the case
Applicant for the Community trade mark: | Suez |
Community trade mark sought: | Word mark Delivering the essentials of life for goods and services in Classes 1, 9, 11, 16 and 35 to 42 – Application No 4102497 |
Decision of the examiner: | Registration refused |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders Suez to pay the costs. |