Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62009TJ0310

    Judgment of the General Court (Fourth Chamber) of 12 April 2011.
    Fuller & Thaler Asset Management, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Applications for Community word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009.
    Cases T-310/09 and T-383/09.

    European Court Reports 2011 II-00092*

    ECLI identifier: ECLI:EU:T:2011:157

    Date of document:
    12/04/2011
    Date lodged:
    04/08/2009
    Author:
    General Court
    Country or organisation from which the request originates:
    Third countries
    Form:
    Judgment
    Authentic language:
    English
    Type of procedure:
    Action for annulment - unfounded
    Applicant:
    Individual
    Defendant:
    European Union Intellectual Property Office, EU institutions and bodies
    Judge-Rapporteur:
    Jürimäe
    Link
    Select all documents mentioning this document
    Instruments cited in case law:





    Judgment of the General Court (Fourth Chamber) of 12 April 2011 – Fuller & Thaler Asset Management v OHIM (BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX)

    (Cases T-310/09 and T-383/09)

    Community trade mark – Applications for Community word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009)

    1.                     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 207/2009, Art. 7(1)(c)) (see paras 33, 44)

    2.                     Community trade mark – Procedural provisions – Examination of the facts of the Office’s own motion – Scope (Council Regulation No 207/2009, Art. 76(1)) (see para. 49)

    Re:

    ACTIONS brought, in Case T-310/09, against the decision of the Grand Board of Appeal of OHIM of 28 April 2009 (Case R 323/2008‑G) concerning an application for registration of the word sign BEHAVIOURAL INDEXING as a Community trade mark and, in Case T-383/09, against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 138/2009‑1) concerning an application for registration of the word sign BEHAVIOURAL INDEX as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    Fuller & Thaler Asset Management, Inc.

    Community trade mark sought:

    Word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX for goods and services in classes 9 and 36 – Applications Nos 5785456 and 5785092

    Decision of the examiner:

    Registrations refused

    Decision of the Board of Appeal:

    Appeals dismissed


    Operative part

    The Court:

    1.

    Orders that Cases T‑310/09 and T‑383/09 be joined for the purposes of the present judgment;

    2.

    Dismisses the applications;

    3.

    Orders Fuller & Thaler Asset Management, Inc., in Cases T‑310/09 and T‑383/09, to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

    Top