ECLI:EU:T:2008:72

Judgment of the Court of First Instance (Eighth Chamber) of 12 March 2008 – Suez v OHIM (Delivering the essentials of life) (Case T-128/07) Community trade mark – Application for Community word mark Delivering the essentials of life – Absolute ground for refusal – Lack of distinctive character – 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 27-29) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 2 February 2007 (Case R 811/2006-1) concerning an application for registration of the mark Delivering the essentials of life as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Suez Community trade mark sought: Word mark Delivering the essentials of life for goods and services in Classes 1, 9, 11, 16 and 35 to 42 – Application No 4102497 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Suez to pay the costs.