Judgment of the General Court (Fifth Chamber) of 4 March 2010 – Monoscoop v OHIM (SUDOKU SAMURAI BINGO)

(Case T-564/08)

Community trade mark – Application for Community word mark SUDOKU SAMURAI BINGO – 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 18, 28, 35)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 September 2008 (Case R 816/2008‑2) concerning an application for registration of the word mark SUDOKU SAMURAI BINGO as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Monoscoop BV
Community trade mark sought:	Word mark SUDOKU SAMURAI BINGO for goods and services in Classes 9, 28 and 41 – application No 5769013
Decision of the Examiner:	Application dismissed
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Monoscoop BV to pay the costs.