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

(Case T-330/06) ¹

(Community trade mark - Application for Community word mark BLUE SOFT - Absolute grounds for refusal - Descriptive nature - Lack of distinctive nature - Article 7(1)(b) and (c) of Regulation No 40/94)

Language of the case: German

Parties

Applicant: Novartis AG (Basel, Switzerland) (represented by: N. Hebeis, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

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

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Novartis AG to pay the costs.

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¹ - OJ C 326, 31.12.2006.