Judgment of the General Court of 15 June 2010 - Actega Terra v OHIM (TERRAEFFEKT matt & gloss)
(Community trade mark - Application for the Community word mark TERRAEFFEKT matt & gloss - 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))
Language of the case: German
Parties
Applicant: Actega Terra GmbH (Lehrte, Germany) (represented by: A. Andorfer-Erhard, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: S. Schnäffner, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 7 January 2008 (Case R 1467/2007-1) concerning an application for registration of the word sign TERRAEFFEKT matt & gloss as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Actega Terra GmbH to pay the costs.
____________1 - OJ C 107, 26.4.2008.