Judgment of the General Court (Fourth Chamber) of 15 December 2011 – Mövenpick v OHIM (PASSIONATELY SWISS)
(Case T-377/09)
Community trade mark – Application for Community word mark PASSIONATELY SWISS – Absolute grounds for refusal – Geographical indication of origin – Lack of distinctive character
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 207/2009, Art. 7(1)(c)) (see paras 21, 39, 44-45, 48)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R 1457/2008-1) relating to an application for registration of the word mark PASSIONATELY SWISS as a Community trade mark.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Mövenpick Holding to pay the costs.
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