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 62006TJ0164

    Judgment of the Court of First Instance (Fourth Chamber) of 12 September 2007.
    ColArt/Americas, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for the Community word mark BASICS - Absolute grounds for refusal - Lack of distinctive character - Descriptive mark - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Distinctive character acquired through use - Article 7(3) of Regulation No 40/94.
    Case T-164/06.

    European Court Reports 2007 II-00116*

    ECLI identifier: ECLI:EU:T:2007:274





    Judgment of the Court of First Instance (Fourth Chamber) of 12 September 2007 – ColArt/Americas v OHIM (BASICS)

    (Case T-164/06)

    Community trade mark – Application for the Community word mark BASICS – Absolute grounds for refusal – Lack of distinctive character – Descriptive mark – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 – Distinctive character acquired through use – Article 7(3) of Regulation No 40/94

    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 40/94, Art. 7(1)(c)) (see paras 24-25) (see paras 24-25)

    2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94, Art. 7(3)) (see paras 45-47, 53)

    Re:

    APPLICATION for annulment of the decision of the Fourth Board of Appeal of OHIM of 7 April 2006 (Case R 788/2005-4), refusing to register the word mark BASICS as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    ColArt/Americas, Inc.

    Community trade mark sought:

    Word mark BASICS for goods in Class 2 – Application No 2433613

    Decision of the Examiner:

    Refusal of registration

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the appeal;

    2.

    Orders ColArt/Americas, Inc. to pay the costs.

    Top