Judgment of the General Court (Fourth Chamber) of 15 December 2011 – Mövenpick v OHIM (PASSIONATELY SWISS)

(Case T-377/09)

Community trade mark – Application for Community word mark PASSIONATELY SWISS – Absolute grounds for refusal – Geographical indication of origin – Lack of distinctive character

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 207/2009, Art. 7(1)(c)) (see paras 21, 39, 44-45, 48)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R 1457/2008-1) relating to an application for registration of the word mark PASSIONATELY SWISS as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders Mövenpick Holding to pay the costs.