Judgment of the Court of First Instance of 9 July 2008 - Coffee Store v OHIM (THE COFFEE STORE)
(Community trade mark - Application for the Community word mark THE COFFEE STORE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94)
Language of the case: German
Parties
Applicant: The Coffee Store GmbH (Mannheim, Germany) (represented by: M. Buddeberg, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially T. Eichenberg, and subsequently by G. Schneider, acting as Agents)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 15 June 2005 (Case R 855/2004-2) concerning an application for the registration of the word sign THE COFFEE STORE as a Community trade mark
Operative part of the judgment
The Court:
1. dismisses the action;
2. orders The Coffee Store GmbH to pay the costs.
____________1 - OJ C 281, 12.11.2005.