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 No W874778
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.
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