24.5.2008   

EN

Official Journal of the European Union

C 128/32


Judgment of the Court of First Instance of 17 April 2008 — Nordmilch v OHIM (Vitality)

(Case T-294/06) (1)

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

(2008/C 128/70)

Language of the case: German

Parties

Applicant: Nordmilch eG (Zeven, Germany) (represented by: R. Schneider, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 August 2006 (Case R 746/2004-4) concerning the registration of the word sign Vitality as a Community trade mark.

Operative part of the judgment

1.

The action is dismissed.

2.

Nordmilch eG is ordered to pay the costs.


(1)  OJ C 310, 16.12.2006.