Judgment of the General Court of 15 December 2011 - Mövenpick v OHIM (PASSIONATELY SWISS)
(Case T-377/09)
(Community trade mark - Application for Community word mark PASSIONATELY SWISS - Absolute grounds for refusal - Geographical indication of origin - Lack of distinctive character)
Language of the case: German
Parties
Applicant: Mövenpick-Holding (Cham, Swizerland) (represented by: M. Taxhet, 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 23 July 2009 (Case R 1457/2008-1) relating to an application for registration of the word mark PASSIONATELY SWISS as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action.
2. Orders Mövenpick Holding to pay the costs.
____________1 - OJ C 282, 21.11.2009.