Judgment of the General Court (Second Chamber) of 9 March 2010 – hofherr communikation v OHIM (NATURE WATCH)
(Case T-77/09)
Community trade mark – International registration designating the European Community – Word mark NATURE WATCH – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)
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 23, 39)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 4 December 2008 (Case R 1410/2008-1) concerning the international registration, designating the European Community, of the word sign NATURE WATCH. |
Information relating to the case
Applicant for the Community trade mark: | hofherr communikation GmbH |
Community trade mark sought: | Word mark NATURE WATCH for goods and services in Classes 9, 39, 41 and 43 – international registration No WOO957541 |
Decision of the examiner: | Registration refused |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
2. | | Orders hofherr communikation GmbH to pay the costs. |