Judgment of the Court of First Instance (Seventh Chamber) of 23 October 2008 – Adobe v OHIM(FLEX)
(Case T-158/06)
Community trade mark – Application for the Community word mark FLEX – Absolute ground for refusal – Descriptive character – 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 45, 47-48, 56-57)
Re:
| ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 11April 2006 (Case R 1430/2005-2) concerning registration of the Community trade mark FLEX No 3795011. |
Information relating to the case
Applicant for the Community trade mark: | Adobe Systems Inc. |
Community trade mark sought: | Word mark FLEX for goods and services in Classes 9, 38 and 42 – Application No3795011 |
Decision of the examiner: | Refusal of registration |
Decision of the Board of Appeal: | Appeal partially dismissed |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders Adobe Systems Inc. to pay the costs. |