Judgment of the General Court of 23 September 2011 - Vion v OHIM (PASSION FOR BETTER FOOD)

(Case T-251/08) ¹

(Community trade mark - Application for Community word mark PASSION FOR BETTER FOOD - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))

Language of the case: German

Parties

Applicant: Vion NV (Best, Netherlands) (represented by: A. Klinger, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: M. Kicia and subsequently by: R. Manea, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 April 2008 (Case R 562/2007-4) concerning the registration of the word sign PASSION FOR BETTER FOOD as a Community trade mark

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Vion NV to pay the costs.

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¹ - OJ C 223, 30.8.2008.