Community trade mark Absolute grounds for refusal Invalidity proceedings Distinctive character Community trade mark FOODLUBE Descriptiveness Article 7(1)(b) and (c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) and Article 52(1)(a) of Regulation (EC) No 207/2009)
Sumário
Judgment of the General Court (Second Chamber) of 29 September 2010.
Interflon BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Invalidity proceedings - Community trade mark FOODLUBE - Absolute grounds for refusal - Descriptiveness - Distinctive character - Article 7(1)(b) and (c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) and Article 52(1)(a) of Regulation (EC) No 207/2009).
Case T-200/08.
Texto da decisão
Judgment of the General Court (Second Chamber) of 29 September 2010 – Interflon v OHIM – Illinois Tool Works (FOODLUBE)
(Case T-200/08)
Community trade mark – Invalidity proceedings – Community trade mark FOODLUBE – Absolute grounds for refusal – Descriptiveness – Distinctive character – Article 7(1)(b) and (c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) and Article 52(1)(a) of Regulation (EC) No 207/2009)
Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Registration contrary to Article 7(1)(b) and (c) of Regulation No 40/94 (Council Regulation No 40/94, Arts 7(1)(b), and (c) and 51(1)(a)) (see paras 31, 47-48, 61-66)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 March 2008 (Case R 638/2007‑2) concerning invalidity proceedings between Interflon BV and Illinois Tool Works, Inc. |
Information relating to the case
|
Registered Community trade mark of which cancellation sought: |
Word mark FOODLUBE for goods in Classes 1 and 4 – Registration No 1647734 |
|
Proprietor of the Community trade mark: |
Illinois Tools Works, Inc. |
|
Party requesting the declaration of invalidity of the Community trade mark: |
Interflon BV |
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Trade mark of the party seeking cancellation: |
The applicant argues that the contested Community trade mark was registered in infringement of Article 7(1)(b) and (c) |
|
Decision of the Cancellation Division: |
Application for cancellation dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 March 2008 (Case R 638/2007‑2) in so far as it dismisses the appeal with regard to chemicals used in industry in Class 1, and industrial oils and greases and lubricants in Class 4; |
|
2. |
Dismisses the action as to the remainder; |
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3. |
Orders each party to bear its own costs. |