ECLI:EU:T:2008:70

Judgment of the Court of First Instance (Third Chamber) of 12 March 2008 – Compagnie générale de diététique v OHIM (GARUM) (Case T-341/06) Community trade mark – Application for Community trade mark GARUM – Absolute ground for refusal – Relevant public – Article 7(1)(b) of Regulation (EC) No 40/94 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 37-38, 44-45) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 7 September 2006 (Case R 1401/2005-1) concerning application for registration of the word sign GARUM as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Compagnie générale de diététique SAS Community trade mark sought: Word mark GARUM for goods in Class 29 – Application No 3501939 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 September 2006 (Case R 1401/2005-1); 2. Orders OHIM to pay its own costs and the costs of Compagnie générale de diététique SAS.