ECLI:EU:T:2008:528

Judgment of the Court of First Instance (Second Chamber) of 26 November 2008 – En Route International v OHIM (FRESHHH) (Case T-147/06) Community trade mark – Application for registration of the word mark FRESHHH as a Community trade mark – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 21, 28) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 March 2006 (Case R 352/2005-4) concerning registration of the word sign FRESHHH as a Community trade mark. Information relating to the case Applicant for the Community trade mark: En Route International Ltd Community trade mark sought: Word mark FRESHHH for goods in Classes 29, 30 and 32 – Application No 3198165 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders En Route International Ltd to pay the costs.