Judgment of the Court of First Instance of 23 October 2007 - Borco-Marken-Import Mathiessen v OHIM (Caipi)
(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)
Language of the case: German
Parties
Applicant: Borco-Marken-Import Mathiessen GmbH & Co KG (Hamburg, Germany) (represented by: M. Wolter, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
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.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders the applicant to pay the costs.
____________1 - OJ 2004 C 314 of 18.12.2004.