Judgment of the General Court of 9 July 2010 — Exalation v OHIM (Vektor-Lycopin)

(Case T-85/08) (1)

(Community trade mark - Application for Community word mark Vektor-Lycopin - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

2010/C 234/54

Language of the case: German

Parties

Applicant: Exalation Ltd (Ilford, Essex, United Kingdom) (represented by: K. Zingsheim, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: S. Schäffner, Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 December 2007 (Case R 1037/2007-4), concerning an application for registration of the word sign Vektor-Lycopin as a Community trade mark.

Operative part of the judgment

The Court:

(1)  OJ C 107, 26.4.2008.