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. |