Community trade mark 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) Application for Community figurative mark packaging
Sumário
Judgment of the General Court (Eighth Chamber) of 8 September 2010.
Micro Shaping Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for Community figurative mark packaging - 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).
Case T-64/09.
Texto da decisão
Judgment of the General Court (Eighth Chamber) of 8 September 2010 – Micro Shaping v OHIM (packaging)
(Case T-64/09)
Community trade mark – Application for Community figurative mark packaging – 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 30-31, 44-45)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 11 December 2008 (Case R 1063/2008-1), concerning an application for registration of the figurative sign packaging as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
Micro Shaping Ltd |
|
Community trade mark sought: |
Figurative mark packaging for goods and services in Classes 16, 17 and 42 – Application No 6354311 |
|
Decision of the Opposition Division: |
Registration partially refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Micro Shaping Ltd to pay the costs. |