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Document 62005TJ0462

    Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008.
    JTEKT Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for a Community word mark IFS - Absolute grounds for refusal - Not descriptive - Article 7(1)(c) of Regulation (EC) No 40/94.
    Case T-462/05.

    Thuarascálacha na Cúirte Eorpaí 2008 II-00307*

    ECLI identifier: ECLI:EU:T:2008:557





    Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008 – JTEKT v OHIM (IFS)

    (Case T-462/05)

    Community trade mark – Application for a Community word mark IFS – Absolute grounds for refusal – Not descriptive – Article 7(1)(c) of Regulation (EC) No 40/94

    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 25, 31, 39-40)

    Re:

    ACTION brought against the decision of the First Board of Appeal of OHIM of 14 September 2005 (Case R 1157/2004-1) concerning an application to register the word mark IFS as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    JTEKT Corp.

    Community trade mark sought:

    Word mark IFS for goods in Class 12 – Application No 3157492

    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 14 September 2005 (Case R 1157/2004-1);

    2.

    Orders OHIM to bear its own costs and to pay those incurred by JTEKT Corp.

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