Judgment of the General Court (Fourth Chamber) of 15 June 2010 – Actega Terra v OHIM (TERRAEFFEKT matt & gloss)

(Case T-118/08)

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)

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 33-34, 51-53)

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.

Information relating to the case

Applicant for the Community trade mark:	Actega Terra GmbH
Community trade mark sought:	Word mark TERRAEFFEKT matt & gloss for goods in Class 2 – Application No 5454517
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Actega Terra GmbH to pay the costs.