Judgment of the Court of First Instance (First Chamber) of 23 October 2007 – Borco-Marken-Import Matthiesen v OHIM (Caipi)

(Case T-405/04)

Community trade mark – Application for the Community word mark Caipi – Absolute ground for refusal – Descriptive character – Article 7(1)(b) and (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 38-39)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 6 August 2004 (Case R 912/2002-2) concerning the application for registration as a Community trade mark of the word sign Caipi.

Information relating to the case

Applicant for the Community trade mark:	Borco-Marken-Import Matthiesen GmbH & Co. KG
Community trade mark sought:	Word mark Caipi for products in Class 33 – Application No 2655667
Decision of the Examiner:	Refusal of registration
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.