Judgment of the Court of First Instance of 12 September 2007 - Cain Cellars, Inc. v OHIM (Device of a pentagon)
(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)
Language of the case: German
Parties
Applicant: Cain Cellars, Inc. (St. Helena, California, United States) (represented by: J. Albrecht and W.-W. Wodrich, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Weberndörfer and G. Schneider, Agents)
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.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Cain Cellars, Inc. to pay the costs.
____________1 - OJ C 257 of 15.10.2005.