26.4.2008   

EN

Official Journal of the European Union

C 107/25


Judgment of the Court of First Instance of 12 March 2008 — Suez v OHIM

(Case T-128/07) (1)

(Community trade mark - Application for Community word mark Delivering the essentials of life - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 107/42)

Language of the case: French

Parties

Applicant: Suez (Paris, France) (represented by: P. Combeau and D. Régnier, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 2 February 2007 (Case R 811/2006-1) concerning an application for registration of the mark Delivering the essentials of life as a Community trade mark.

Operative part of the judgment

The Court:

1.

dismisses the action;

2.

orders Suez to pay the costs.


(1)  OJ C 140, 23.6.2007.