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Document 62007TJ0180

Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009.
Promomadrid Desarrollo Internacional de Madrid, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for two Community figurative marks OFFSHORE LEGENDS, one in black and white, the other in blue, black and green - Earlier national figurative mark OFFSHORE 1 - Relative grounds for refusal - Likelihood of confusion - Similarity of goods and signs - Absence of request for proof of genuine use of the earlier mark - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Article 43(2) and (3) of Regulation No 40/94 in conjunction with Article 15(2)(a) of Regulation No 40/94 (now Article 42(2) and (3) and point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009).
Case T-180/07.

European Court Reports 2009 II-00154*

ECLI identifier: ECLI:EU:T:2009:334

Date of document:
16/09/2009
Date lodged:
24/05/2007
Author:
General Court
Country or organisation from which the request originates:
Spain
Form:
Judgment
Authentic language:
Spanish
Type of procedure:
Action for annulment - successful
Applicant:
Individual
Defendant:
European Union Intellectual Property Office, EU institutions and bodies
Judge-Rapporteur:
Šváby
Treaty:
Treaty establishing the European Economic Community
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Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Promomadrid v OHIM (MADRIDEXPORTA)

(Case T-180/07)

Community trade mark – Application for Community figurative mark MADRIDEXPORTA – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

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 26, 38)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 1130/2006-1) concerning an application for registration of the figurative mark MADRIDEXPORTA as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Promomadrid Desarrollo Internacional de Madrid, SA

Community trade mark sought:

Composite mark MADRIDEXPORTA for goods and services in Classes 16, 35, 36, 38, 39, 41 and 42 – Application No 4659553

Decision of the examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 March 2007 (Case R 1130/2006-1);

2.

Orders OHIM to pay the costs.

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