Community trade mark Absolute ground for refusal Lack of distinctive character Descriptive character Article 7(1)(b) and (c) of Regulation (EC) No 40/94 Application for Community word mark PrimeCast
Sumário
Judgment of the Court of First Instance (First Chamber) of 12 November 2008.
EOS GmbH Electro Optical Systems v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for Community word mark PrimeCast - Absolute ground for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94.
Case T-373/07.
Texto da decisão
Judgment of the Court of First Instance (First Chamber) of 12 November 2008 – EOS v OHIM (PrimeCast)
(Case T-373/07)
Community trade mark – Application for Community word mark PrimeCast – Absolute ground for refusal – Descriptive character – Lack of distinctive 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)(b) and (c)) (see paras 24-29, 36)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 July 2007 (Case R 333/2005-4) concerning an application for registration of the word mark PrimeCast as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
EOS GmbH Electro Optical Systems |
|
Community trade mark sought: |
Word mark PrimeCast for goods and services in Classes 1, 19, 40 and 42 – Application No 2854677 |
|
Decision of the examiner: |
Partial refusal of registration |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the application; |
|
2. |
Orders EOS GmbH Electro Optical Systems to pay the costs. |