Community trade mark Absolute grounds for refusal Application for Community figurative mark WinDVD Creator Articles 4 and 7(1)(b) and (c) of Regulation (EC) No 40/94
Sumário
Judgment of the Court of First Instance (Third Chamber) of 17 October 2007.
InterVideo Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for Community figurative mark WinDVD Creator - Absolute grounds for refusal - Articles 4 and 7(1)(b) and (c) of Regulation (EC) No 40/94.
Case T-105/06.
Texto da decisão
Judgment of the Court of First Instance (Third Chamber) of 17 October 2007 – InterVideo v OHIM (WinDVD Creator)
(Case T-105/06)
Community trade mark – Application for Community figurative mark WinDVD Creator – Absolute grounds for refusal – Articles 4 and 7(1)(b) and (c) of Regulation (EC) No 40/94
1. 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 46, 52)
2. Community trade mark – Procedural provisions (Council Regulation No 40/94, Art. 74(1)) (see paras 41-42)
Re:
| ACTION against the decision of the Second Board of Appeal of OHIM of 31 January 2006 (Case R 987/2005-2), relating to registration of the figurative sign WinDVD Creator as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
InterVideo Inc. |
|
Community trade mark sought: |
Figurative mark WindDVD Creator for goods in Class 9 – Application No 4106936 |
|
Decision of the Examiner: |
Refusal of registration |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part:
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders InterVideo Inc. to pay the costs. |