Community trade mark Absolute grounds for refusal Article 7(1)(c) of Regulation (EC) No 40/94 Application for a Community word mark IFS Not descriptive
Sumário
Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008.
JTEKT Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for a Community word mark IFS - Absolute grounds for refusal - Not descriptive - Article 7(1)(c) of Regulation (EC) No 40/94.
Case T-462/05.
Texto da decisão
Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008 – JTEKT v OHIM (IFS)
(Case T-462/05)
Community trade mark – Application for a Community word mark IFS – Absolute grounds for refusal – Not descriptive – Article 7(1)(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, 31, 39-40)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 14 September 2005 (Case R 1157/2004-1) concerning an application to register the word mark IFS as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
JTEKT Corp. |
|
Community trade mark sought: |
Word mark IFS for goods in Class 12 – Application No 3157492 |
|
Decision of the examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 September 2005 (Case R 1157/2004-1); |
|
2. |
Orders OHIM to bear its own costs and to pay those incurred by JTEKT Corp. |