Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008 – REWE‑Zentral v OHIM (Port Louis)
(Case T-230/06)
Community trade mark – Application for the Community word mark PORT LOUIS – Absolute grounds for refusal – Descriptive character – Designation of the geographical origin of the goods – 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 – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b) and (c)) (see paras 39, 45, 54, 65-66, 70-72)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 21 June 2006 (Case R 25/2006-1) concerning an application to register the word mark PORT LOUIS as a Community trade mark. |
Information relating to the case
Applicant for the Community trade mark: | REWE-Zentral AG |
Community trade mark sought: | Word mark Port Louis for goods in Classes 18, 24 and 25 – Application No3664133 |
Decision of the examiner: | Registration refused |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. |
| Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 June 2006 (Case R 25/2006-1); |
2. |
| Orders OHIM to pay the costs. |