Community trade mark Absolute ground for refusal Lack of distinctive character Article 7(1)(b) of Regulation (EC) No 40/94 Application for the Community word mark Substance for Success
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 9 July 2008.
BYK-Chemie GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark Substance for Success - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94.
Case T-58/07.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 9 July 2008 – BYK‑Chemie v OHIM (Substance for Success)
(Case T-58/07)
Community trade mark – Application for the Community word mark Substance for Success – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 24-25, 30)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 January 2007 (Case R 816/2006-4) concerning an application for registration of the word sign Substance for Success as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
BYK-Chemie GmbH |
|
Community trade mark sought: |
Word mark Substance for Success for goods and services in Classes 1 and 40 to 42 – Application No 3660552 |
|
Decision of the examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders BYK-Chemie GmbH to pay the costs. |