Judgment of the Court of First Instance of 17 April 2008 - Nordmilch v OHIM (Vitality)
(Community trade mark - Application for the Community word mark Vitality - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)
Language of the case: German
Parties
Applicant: Nordmilch eG (Zeven, Germany) (represented by: R. Schneider, 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 Fourth Board of Appeal of OHIM of 9 August 2006 (Case R 746/2004-4) concerning the registration of the word sign Vitality as a Community trade mark.
Operative part of the judgment
1. The action is dismissed.
2. Nordmilch eG is ordered to pay the costs.
____________1 - OJ C 310, of 16.12.2006.