Judgment_paragraph 71 · Sadas SA v European Union Intellectual Property Office (T-346/04)

71So far as concerns OHIM's practice, it is apparent from the case-law that decisions concerning registration of a sign as a Community trade mark which the Boards of Appeal are called on to take under Regulation No 40/94 are adopted in the exercise of circumscribed powers and are not a matter of discretion. Accordingly, the registrability of a sign as a Community trade mark must be assessed solely on the basis of that regulation, as interpreted by the Community judicature, and not on the basis of a previous practice of the Boards of Appeal (Case T-106/00 Streamserve v OHIM (STREAMSERVE) [2002] ECR II-723, paragraph 66; Joined Cases T-79/01 and T-86/01 Bosch v OHIM (Kit Pro and Kit Super Pro) [2002] ECR II-4881, paragraph 32; and Case T-33/03 Osotspa v OHIM — Distribution & Marketing (Hai) [2005] ECR II-763, paragraph 69).

Sadas SA v European Union Intellectual Property Office (T-346/04)

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