Judgment of the General Court 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)

Language of the case: German

Parties

Applicant: Mövenpick-Holding (Cham, Swizerland) (represented by: M. Taxhet, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

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 of the judgment

The Court:

1.    Dismisses the action.

2.    Orders Mövenpick Holding to pay the costs.

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¹ - OJ C 282, 21.11.2009.