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 11 September 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 No 4893053
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.
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