Community trade mark - Application for Community word mark SUDOKU SAMURAI BINGO - 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 4 March 2010 – Monoscoop v OHIM (SUDOKU SAMURAI BINGO) (Case T-564/08) Community trade mark – Application for Community word mark SUDOKU SAMURAI BINGO – 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 18, 28, 35) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 September 2008 (Case R 816/2008‑2) concerning an application for registration of the word mark SUDOKU SAMURAI BINGO as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Monoscoop BV Community trade mark sought: Word mark SUDOKU SAMURAI BINGO for goods and services in Classes 9, 28 and 41 – application No 5769013 Decision of the Examiner: Application dismissed Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Monoscoop BV to pay the costs.