Judgment of the Court of First Instance (Eighth Chamber) of 17 September 2008 – Prana Haus v OHIM (PRANAHAUS)

(Case T-226/07)

Community trade mark – Application for registration of the word mark PRANAHAUS – 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 31-35)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 18 April 2007 (Case R 1611/2006-1) concerning an application for registration of the word mark PRANAHAUS as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Prana Haus GmbH
Community trade mark sought:	Word mark PRANAHAUS for goods and services in Classes 9, 16 and 35 – Application No 4839916
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Prana Haus GmbH to pay the costs.