Judgment of the Court of First Instance (First Chamber) of 12 September 2007 – Cain Cellars v OHIM (Device of a pentagon)

(Case T-304/05)

Community trade mark – Application for a figurative Community trade mark consisting of the device of a pentagon – Absolute ground for refusal – Absence of distinctive character – Simplicity of the sign

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 23-26)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 23 May 2005 (Case R 975/2004-1) concerning the registration of the device of a pentagon as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Cain Cellars, Inc.
Community trade mark sought:	Pentagonal figurative mark for the goods ‘wine’ in Class 33 – Application No 3425121
Decision of the Examiner:	Application for registration dismissed
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the appeal;

2. Orders Cain Cellars, Inc. to pay the costs.