Judgment of the Court of First Instance (Third Chamber) of 17 October 2007 – InterVideo v OHIM (WinDVD Creator)
(Case T-105/06)
Community trade mark – Application for Community figurative mark WinDVD Creator – Absolute grounds for refusal – Articles 4 and 7(1)(b) and (c) of Regulation (EC) No 40/94
1. 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 46, 52)
2. Community trade mark – Procedural provisions (Council Regulation No 40/94, Art. 74(1)) (see paras 41-42)
Re:
ACTION against the decision of the Second Board of Appeal of OHIM of 31 January 2006 (Case R 987/2005-2), relating to registration of the figurative sign WinDVD Creator as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
InterVideo Inc.
Community trade mark sought:
Figurative mark WindDVD Creator for goods in Class 9 – Application No 4106936
Decision of the Examiner:
Refusal of registration
Decision of the Board of Appeal:
Appeal dismissed
Operative part:
The Court:
1.
Dismisses the action;
2.
Orders InterVideo Inc. to pay the costs.
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