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Document 62007TJ0080

    Judgment of the Court of First Instance (Fifth Chamber) of 16 September 2009.
    JanSport Apparel Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for the Community word mark BUILT TO RESIST - Absolute ground 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).
    Case T-80/07.

    European Court Reports 2009 II-00152*

    ECLI identifier: ECLI:EU:T:2009:332





    Judgment of the Court of First Instance (Fifth Chamber) of 16 September 2009 – JanSport Apparel v OHIM (BUILT TO RESIST)

    (Case T-80/07)

    Community trade mark – Application for the Community word mark BUILT TO RESIST – Absolute ground 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 24-29, 41-47)

    Re:

    ACTION brought against the decision of 12 January 2007 of the Second Board of Appeal of OHIM (Case R 1090/2006-2) concerning an application for registration of the word mark BUILT TO RESIST as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    JanSport Apparel Corp.

    Community trade mark sought:

    National word mark ‘BUILT TO RESIST’ for goods and services in Classes 16, 18 and 25 – Application No 2937522

    Decision of the examiner:

    Registration refused

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.      Dismisses the action;

    2.      Orders JanSport Apparel Corp. to pay the costs.

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