Community trade mark Absence of distinctive character Descriptive character Application for the Community word mark ALLSAFE Absolute grounds for refusal of registration Article 7(1)(b) and (c) of Regulation (EC) No 40/94
Sumário
Judgment of the Court of First Instance (Sixth Chamber) of 25 March 2009.
allsafe Jungfalk GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark ALLSAFE - Absolute grounds for refusal of registration - Absence of distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94.
Case T-343/07.
Texto da decisão
Judgment of the Court of First Instance (Sixth Chamber) of 25 March 2009 – allsafe Jungfalk v OHIM (ALLSAFE)
(Case T-343/07)
Community trade mark – Application for the Community word mark ALLSAFE – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94
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 25, 27, 37, 40)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 July 2007 (Case R 454/2006-4) concerning the registration of the word sign ALLSAFE as a community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
allsafe Jungfalk GmbH & Co. KG |
|
Community trade mark sought: |
Word mark ALLSAFE for goods and services in Classes 6, 12, 22, 35, 39 and 42 – Application No 2940534 |
|
Decision of the Examiner : |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Ordres allsafe Jungfalk GmbH & Co. KG to pay the costs. |