Community trade mark Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) Application for Community word mark executive edition Absolute grounds for refusal Absence of distinctive character
Sumário
Judgment of the General Court (Third Chamber) of 21 January 2011.
BSH Bosch und Siemens Hausgeräte GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for Community word mark executive edition - Absolute grounds for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009).
Case T-310/08.
Texto da decisão
Judgment of the General Court (Third Chamber) of 21 January 2011 – BSH v OHIM (executive edition)
(Case T-310/08)
Community trade mark – Application for Community word mark executive edition – Absolute grounds for refusal – Absence of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 26, 33-34)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 5 June 2008 (Case R 845/2007‑1) concerning an application for registration of the word sign executive edition as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
BSH Bosch und Siemens Hausgeräte GmbH |
|
Community trade mark sought: |
Word mark executive edition for goods in Classes 7, 9 and 11 – Application No 4908182 |
|
Decision of the examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders BSH Bosch and Siemens Hausgeräte GmbH to pay the costs. |