Notice for the OJ

 

Judgment of the Court of First Instance of 27 October 2005 - Eden v OHIM

(Case T-305/04) ¹

(Community trade mark - Olfactory mark: Smell of ripe strawberries - Absolute ground for refusal - Sign not capable of being represented graphically - Article 7(1)(a) of Regulation (EC) No 40/94)

Language of the case: French

Parties:

Applicant(s): Eden SARL (Paris, France) (represented by M. Antoine-Lalance, avocat)

Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by A. Folliard-Monguiral, Agent)

Application for

annulment of the decision of the First Board of Appeal of OHIM of 24 May 2004 (Case R 591/2003-1) concerning registration of the olfactory sign, Smell of ripe strawberries, as a Community trade mark

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders the applicant to pay the costs.

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¹ - OJ C262, 23.10.2004.