Community trade mark Absolute grounds for refusal Invalidity proceedings Distinctive character Lack of descriptive character Community word mark ‘I.T.@MANPOWER’ No signs or indications which have become customary Not a trade mark of such a nature as to deceive the public Article 7(1)(b), (c), (d) and (g) and Article 51(1)(a) of Regulation (EC) No 40/94
Sumário
Judgment of the Court of First Instance (Fifth Chamber) of 24 September 2008.
HUP Uslugi Polska sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Invalidity proceedings - Community word mark ‘I.T.@MANPOWER’ - Absolute grounds for refusal - Distinctive character - Lack of descriptive character - No signs or indications which have become customary - Not a trade mark of such a nature as to deceive the public - Article 7(1)(b), (c), (d) and (g) and Article 51(1)(a) of Regulation (EC) No 40/94.
Case T-248/05.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber) of 24 September 2008 – HUP Uslugi Polska v OHIM – Manpower (I.T.@MANPOWER)
(Case T-248/05)
Community trade mark – Invalidity proceedings – Community word mark ‘I.T.@MANPOWER’ – Absolute grounds for refusal – Distinctive character – Lack of descriptive character – No signs or indications which have become customary – Not a trade mark of such a nature as to deceive the public – Article 7(1)(b), (c), (d) and (g) and Article 51(1)(a) of Regulation (EC) No 40/94
Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity (Council Regulation No 40/94, Arts 7(1)(b) to (d) and (g) and 51(1)(a)) (see paras 43-45, 52-54, 60-63, 66-68)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 April 2005 (Case R 124/2004-4) concerning invalidity proceedings between MP Temporärpersonal GmbH and Manpower Inc. |
Information relating to the case
|
Registered Community trade mark subject to an action for cancellation: |
Word mark I.T.@MANPOWER for goods and services in Classes 9, 16, 35, 38, 41 and 42 – Community mark No 861559 |
|
Proprietor of the Community trade mark: |
Manpower Inc. |
|
Party applying for cancellation: |
MP Temporärpersonal GmbH |
|
Basis of the application for cancellation: |
Article 51(1)(a) of Regulation No 40/94, in connection with Article 7(1)(b) to (d) and (g) of that regulation |
|
Decision of the Cancellation Division: |
Action for cancellation dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders HUP Uslugi Polska sp. z o.o. to pay the costs. |