Community trade mark - Application for a Community figurative mark representing a dog - 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 (Fifth Chamber) of 8 July 2010 – Trautwein v OHIM (Representation of a dog) (Case T-385/08) Community trade mark – Application for a Community figurative mark representing a dog – 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 23, 27-30) Re: ACTION brought against the decision of 30 June 2008 of the First Board of Appeal of OHIM (Case R 1734/2007-1) concerning an application for registration as a Community trade mark of a figurative sign representing a dog. Information relating to the case Applicant for the Community trade mark: Nadine Trautwein Rolf Trautwein GbR, Research and Development Community trade mark sought: Representation of a dog for goods in Classes 18, 25 and 31 – Application No 4829321 Decision of the examiner: Registration refused Decision of the Board of Appeal: Annulment of the contested decision as regards ‘clothing, footwear and headgear; belts’ in Class 25 Operative part The Court: 1. Dismisses the action; 2. Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs.