Judgment of the Court of First Instance (Second Chamber) of 20 January 2009 – Pioneer Hi-Bred International v OHIM (OPTIMUM)
(Case T-424/07)
Community trade mark – Application for the Community word mark OPTIMUM – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Obligation to state reasons – Examination of the facts of OHIM’s own motion – Articles 73 and 74(1) of Regulation No 40/94
1.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 23-26, 28, 34)
2.Community trade mark – Procedural provisions – Examination of the facts of the Office’s own motion – Scope (Council Regulation No 40/94, Art. 74) (see paras 42-49)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 11September 2007 (Case R 288/2007-2), concerning an application for registration of the word sign OPTIMUM as a Community trade mark. |
Information relating to the case
Applicant for the Community trade mark: | Pioneer Hi-Bred International, Inc. |
Community trade mark sought: | Word mark OPTIMUM for goods in Class 1 – Application No4893053 |
Decision of the examiner: | Registration refused |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders Pioneer Hi-Bred International, Inc. to pay the costs. |