Community trade mark - Application for the Community word mark TERRAEFFEKT matt & gloss - Absolute ground for refusal -Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009).

Judgment of the General Court (Fourth Chamber) of 15 June 2010 – Actega Terra v OHIM (TERRAEFFEKT matt & gloss) (Case T-118/08) Community trade mark – Application for the Community word mark TERRAEFFEKT matt & gloss – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009) 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 33-34, 51-53) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 7 January 2008 (Case R 1467/2007‑1) concerning an application for registration of the word sign TERRAEFFEKT matt & gloss as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Actega Terra GmbH Community trade mark sought: Word mark TERRAEFFEKT matt & gloss for goods in Class 2 – Application No 5454517 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Actega Terra GmbH to pay the costs.