Judgment of the Court of First Instance of 29 April 2009 - BORCO-Marken-Import Matthiesen v OHIM (α)
(Community trade mark - Application for the Community figurative mark α - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)
Language of the case: German
Parties
Applicant: BORCO-Marken-Import Matthiesen GmbH & Co. KG (Hamburg, Germany) (represented by: M. Wolter, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Kicia, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 November 2006 (Case R 808/2006-4), concerning the registration as a Community trade mark of the figurative sign α
Operative part of the judgment
The Court:
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 November 2006 (Case R 808/2006-4);
Declares that there is no need to adjudicate on the second head of claim of BORCO-Marken-Import Matthiesen GmbH & Co. KG;
Orders OHIM to pay the costs.
____________1 - OJ C 69, 24.3.2007.