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

(Case T-118/08) ¹

(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.

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¹ - OJ C 107, 26.4.2008.