ECLI:EU:T:2007:271

Judgment of the Court of First Instance (First Chamber) of 12 September 2007 – Cain Cellars v OHIM (Device of a pentagon) (Case T-304/05) Community trade mark – Application for a figurative Community trade mark consisting of the device of a pentagon – Absolute ground for refusal – Absence of distinctive character – Simplicity of the sign Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 23-26) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 23 May 2005 (Case R 975/2004-1) concerning the registration of the device of a pentagon as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Cain Cellars, Inc. Community trade mark sought: Pentagonal figurative mark for the goods ‘wine’ in Class 33 – Application No 3425121 Decision of the Examiner: Application for registration dismissed Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the appeal; 2. Orders Cain Cellars, Inc. to pay the costs.