Judgment of the General Court (Second Chamber) of 7 June 2011 – Psytech International v OHIM – Institute for Personality & Ability Testing (16PF)
(Case T-507/08)
Community trade mark – Invalidity proceedings – Community word mark 16PF – Absolute grounds for refusal – Distinctive character – No descriptive character – No signs which have become customary – No bad faith – Article 7(1)(b) to (d) and Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) to (d) and Article 52(1)(b) of Regulation (EC) No 207/2009)
1. Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Registration contrary to Article 7(1)(b) to (d) of Regulation No 40/94 (Council Regulation No 40/94, Arts 7(1)(b) to (d) and 51(1)(a)) (see paras 32-35, 59-65, 78-79)
2. Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Applicant in bad faith at the time of lodging the trade mark application (Council Regulation No 40/94, Art. 51(1)(b)) (see paras 89-93)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 1012/2007-2), relating to invalidity proceedings between Psytech International Ltd and the Institute for Personality & Ability Testing, Inc.
Information relating to the case
Registered Community trade mark of which cancellation sought:
Word mark 16PF for goods and services in Classes 9, 16, 35, 41 and 42 – Community trade mark registration No 1892652
Proprietor of the Community trade mark:
Institute for Personality & Ability Testing, Inc.
Party requesting the declaration of invalidity of the Community trade mark:
Psytech International Ltd
Decision of the Cancellation Division:
Application for cancellation dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Psytech International Ltd to pay the costs.
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