Order of the Court of First Instance (Seventh Chamber) of 29 September 2008 – Powderject Research v OHIM (POWDERMED)
(Case T-166/06)
Community trade mark – Application for the Community word mark POWDERMED – Absolute ground for refusal – Descriptiveness – Article 7(1)(b) and (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 22-25)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 12 April 2006 (Case R 1189/2005‑2) concerning an application for registration of the word sign POWDERMED as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Powderject Research Ltd
Community trade mark sought:
Word mark POWDERMED for goods and services in Classes 5, 10 and 42 – Application No 4202743
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 Powderject Research Ltd to pay the costs.
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