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Document 62006TO0166

Order of the Court of First Instance (Seventh Chamber) of 29 September 2008.
Powderject Research Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark POWDERMED - Absolute ground for refusal - Descriptiveness - Article 7(1)(b) and (c) of Regulation (EC) No 40/94.
Case T-166/06.

Thuarascálacha na Cúirte Eorpaí 2008 II-00206*

ECLI identifier: ECLI:EU:T:2008:408





Order of the Court of First Instance (Seventh Chamber) of 29 September 2008 – Powderject Research v OHIM (POWDERMED)

(Case T-166/06)

Community trade mark – Application for the Community word mark POWDERMED – Absolute ground for refusal – Descriptiveness – Article 7(1)(b) and (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 22-25)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 12 April 2006 (Case R 1189/2005‑2) concerning an application for registration of the word sign POWDERMED as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Powderject Research Ltd

Community trade mark sought:

Word mark POWDERMED for goods and services in Classes 5, 10 and 42 – Application No 4202743

Decision of the Examiner:

Refusal of registration

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Powderject Research Ltd to pay the costs.

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