Judgment of the Court of First Instance (First Chamber) of 12 September 2007 – Cain Cellars v OHIM (Device of a pentagon)
(Case T-304/05)
Community trade mark – Application for a figurative Community trade mark consisting of the device of a pentagon – Absolute ground for refusal – Absence of distinctive character – Simplicity of the sign
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 23-26)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 23 May 2005 (Case R 975/2004-1) concerning the registration of the device of a pentagon as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Cain Cellars, Inc.
Community trade mark sought:
Pentagonal figurative mark for the goods ‘wine’ in Class 33 – Application No 3425121
Decision of the Examiner:
Application for registration dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the appeal;
2.
Orders Cain Cellars, Inc. to pay the costs.
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