Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008 – TridonicAtco v OHIM (Intelligent Voltage Guard)
(Case T-297/07)
Community trade mark – Application for the Community figurative mark Intelligent Voltage Guard – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation(EC) No 40/94
1.Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Seperate examination of the grounds for refusal in relation to each of the products or services referred to in the application registration – Duty to state reasons for a refusal of registration (Council Regulation No 40/94, Art. 7(1)) (see para. 22)
2.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 29-39)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 31 May 2007 (Case R 108/2007-2) concerning an application to register the figurative mark Intelligent Voltage Guard as a Community trade mark. |
Information relating to the case
Applicant for the Community trade mark: | TridonicAtco GmbH & Co. KG |
Community trade mark sought: | Figurative mark Intelligent Voltage Guard for goods in Classes 9 and 11 – Application NoW874778 |
Decision of the examiner: | Registration refused |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. |
| Dismisses the application; |
2. |
| Orders TridonicAtco & Co. KG to pay the costs. |