Judgment of the Court of First Instance (Fifth Chamber) of 15 February 2007 – Indorata-Serviços e Gestão v OHIM (HAIRTRANSFER)
(Case T-204/04)
Community trade mark – Application for Community trade mark HAIRTRANSFER – Absolute grounds for refusal – Descriptive character – Article 7(1)(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)(c)) (see paras 32-40)
Re:
| APPEAL against the decision of the Second Board of Appeal of OHIM of 1 April 2004 (Case R 435/2003-2) concerning an application for registration of the word mark HAIRTRANSFER as a Community trade mark. |
Information relating to the case
Applicant for the Community trade mark: | Indorata-Serviços e Gestão, Lda |
Community trade mark sought: | Word mark HAIRTRANSFER for goods in Classes 8, 22, 41 and 44 – Application No 2619039 |
Decision of the examiner: | Registration refused |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. |
| Dismisses the appeal; |
2. |
| Orders Indorata-Serviços e Gestão, Lda to pay the costs. |