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

(Case T-251/08)

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)

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 18-19, 27-28)

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

The Court:

1. Dismisses the action;

2. Orders Vion NV to pay the costs.