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Document 62006TJ0105

Judgment of the Court of First Instance (Third Chamber) of 17 October 2007.
InterVideo Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for Community figurative mark WinDVD Creator - Absolute grounds for refusal - Articles 4 and 7(1)(b) and (c) of Regulation (EC) No 40/94.
Case T-105/06.

Izvješća Suda EU-a 2007 II-00133*

ECLI identifier: ECLI:EU:T:2007:309





Judgment of the Court of First Instance (Third Chamber) of 17 October 2007 – InterVideo v OHIM (WinDVD Creator)

(Case T-105/06)

Community trade mark – Application for Community figurative mark WinDVD Creator – Absolute grounds for refusal – Articles 4 and 7(1)(b) and (c) of Regulation (EC) 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 46, 52)

2.                     Community trade mark – Procedural provisions (Council Regulation No 40/94, Art. 74(1)) (see paras 41-42)

Re:

ACTION against the decision of the Second Board of Appeal of OHIM of 31 January 2006 (Case R 987/2005-2), relating to registration of the figurative sign WinDVD Creator as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

InterVideo Inc.

Community trade mark sought:

Figurative mark WindDVD Creator for goods in Class 9 – Application No 4106936

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 InterVideo Inc. to pay the costs.

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