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 R 811/2006-1) 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.
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