Judgment of the Court of First Instance (Second Chamber) of 26 November 2008 – En Route International v OHIM (FRESHHH)

(Case T-147/06)

Community trade mark – Application for registration of the word mark FRESHHH as a Community trade mark – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94

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 21, 28)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 March 2006 (Case R 352/2005-4) concerning registration of the word sign FRESHHH as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	En Route International Ltd
Community trade mark sought:	Word mark FRESHHH for goods in Classes 29, 30 and 32 – Application No 3198165
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders En Route International Ltd to pay the costs.