Judgment of the Court of First Instance (First Chamber) of 10 June 2008 – Novartis v OHIM (BLUE SOFT)

(Case T-330/06)

Community trade mark – Application for Community word mark BLUE SOFT – Absolute grounds for refusal – Descriptive character – Lack of distinctive 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 46-47, 54)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 14 September 2006 (Case R 270/2006‑1) concerning an application for registration of the word mark BLUE SOFT as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Novartis AG
Community trade mark sought:	Word mark BLUE SOFT for goods in Class 9 (Application No 3007846)
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Novartis AG to pay the costs.