Judgment of the Court of First Instance of 12 September 2007 - Cain Cellars, Inc. v OHIM (Device of a pentagon)

(Case T-304/05) ¹

(Community trade mark - Application for a figurative Community trade mark consisting of the device of a pentagon - Absolute ground for refusal - Absence of distinctive character - Simplicity of the sign)

Language of the case: German

Parties

Applicant: Cain Cellars, Inc. (St. Helena, California, United States) (represented by: J. Albrecht and W.-W. Wodrich, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Weberndörfer and G. Schneider, Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 May 2005 (Case R 975/2004-1) concerning the registration of the device of a pentagon as a Community trade mark.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Cain Cellars, Inc. to pay the costs.

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¹ - OJ C 257 of 15.10.2005.