Community trade mark Lack of distinctive character Absolute grounds for refusal Distinctive character acquired through use Article 7(3) of Regulation No 40/94 Article 7(1)(b) and (c) of Regulation (EC) No 40/94 Application for the Community word mark BASICS Descriptive mark
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 12 September 2007.
ColArt/Americas, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark BASICS - Absolute grounds for refusal - Lack of distinctive character - Descriptive mark - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Distinctive character acquired through use - Article 7(3) of Regulation No 40/94.
Case T-164/06.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 12 September 2007 – ColArt/Americas v OHIM (BASICS)
(Case T-164/06)
Community trade mark – Application for the Community word mark BASICS – Absolute grounds for refusal – Lack of distinctive character – Descriptive mark – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 – Distinctive character acquired through use – Article 7(3) of Regulation 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 24-25) (see paras 24-25)
2. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94, Art. 7(3)) (see paras 45-47, 53)
Re:
| APPLICATION for annulment of the decision of the Fourth Board of Appeal of OHIM of 7 April 2006 (Case R 788/2005-4), refusing to register the word mark BASICS as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
ColArt/Americas, Inc. |
|
Community trade mark sought: |
Word mark BASICS for goods in Class 2 – Application No 2433613 |
|
Decision of the Examiner: |
Refusal of registration |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the appeal; |
|
2. |
Orders ColArt/Americas, Inc. to pay the costs. |