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Document 62009TJ0161

Judgment of the General Court (Second Chamber) of 16 December 2010.
Ilink Kommunikationssysteme GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for Community word mark ilink - 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-161/09.

European Court Reports 2010 II-00282*

ECLI identifier: ECLI:EU:T:2010:532





Judgment of the General Court (Second Chamber) of 16 December 2010 – Ilink Kommunikationssysteme v OHIM (ilink)

(Case T-161/09)

Community trade mark – Application for Community word mark ilink – 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 27, 36-37, 48)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 February 2009 (Case R 1849/2007-4), relating to registration of the word sign ‘ilink’ as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Ilink Kommunikationssysteme GmbH

Community trade mark sought:

Word mark ilink for goods and services in Classes 9, 16, 38 and 42 – Application No 5120911

Decision of the examiner:

Registration refused in part

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Ilink Kommunikationssysteme GmbH to pay the costs.

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