Judgment of the Court of First Instance (First Chamber) of 10 June 2008 – Novartis v OHIM (BLUE SOFT)
(Case T-330/06)
Community trade mark – Application for Community word mark BLUE SOFT – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (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 46-47, 54)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 14 September 2006 (Case R 270/2006‑1) concerning an application for registration of the word mark BLUE SOFT as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Novartis AG
Community trade mark sought:
Word mark BLUE SOFT for goods in Class 9 (Application No 3007846)
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Novartis AG to pay the costs.
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