Judgment of the General Court (Fifth Chamber) of 8 July 2010 – Trautwein v OHIM (Representation of a dog)

(Case T-385/08)

Community trade mark – Application for a Community figurative mark representing a dog – 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 23, 27-30)

Re:

ACTION brought against the decision of 30 June 2008 of the First Board of Appeal of OHIM (Case R 1734/2007-1) concerning an application for registration as a Community trade mark of a figurative sign representing a dog.

Information relating to the case

Applicant for the Community trade mark:	Nadine Trautwein Rolf Trautwein GbR, Research and Development
Community trade mark sought:	Representation of a dog for goods in Classes 18, 25 and 31 – Application No 4829321
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Annulment of the contested decision as regards ‘clothing, footwear and headgear; belts’ in Class 25

Operative part

The Court:

1. Dismisses the action;

2. Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs.