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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.

Izvješća Suda EU-a 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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