C-383/99 P
Issues:
Absolute ground for refusal to register.
Distinctive character.
Marks consisting exclusively of descriptive signs or indications.
Appeal against the judgment of the Court of First Instance of the European Communities (Second Chamber) of 8 July 1999 in Case T-163/98 Procter & Gamble v OHIM (BABY-DRY) [1999] ECR II-2383, seeking to have that judgment set aside in so far as the Court of First Instance ruled that the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) had not infringed Article 7(1)(c) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) in adopting its decision of 31 July 1998 (Case R 35/1998-1).
Trade mark concerned:
BABY-DRY.
Findings:
1. Annuls the judgment of the Court of First Instance of 8 July 1999 in Case T-163/98 Procter & Gamble v OHIM (BABY-DRY), in so far as it found that the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) did not infringe Article 7(1)(c) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark in adopting its decision of 31 July 1998 (Case R 35/1998-1);
2. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal market (Trade Marks and Designs) of 31 July 1998 (Case R 35/1998-1) in so far as it refused the application for registration of BABY-DRY as a trade mark on the basis of Article 7(1)(c) of Regulation No 40/94;
3. Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs both at first instance and on appeal.
Judgment text:
C-383/99 P, Procter & Gamble Company v. OHIM.
Published:
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