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Document 62008TJ0132

    Judgment of the Court of First Instance (Sixth Chamber) of 11 June 2009.
    ERNI Electronics GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for a three-dimensional Community trade mark - Shape of tweezers - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009).
    Case T-132/08.

    Izvješća Suda EU-a 2009 II-00080*

    ECLI identifier: ECLI:EU:T:2009:200





    Judgment of the Court of First Instance (Sixth Chamber) of 11 June 2009 – ERNI Electronics v OHIM (MaxiBridge)

    (Case T-132/08)

    Community trade mark – Application for the Community word mark MaxiBridge – Absolute ground for refusal – Descriptiveness of the function of the goods indicated in the trade mark application – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

    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 34, 47-50)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 January 2008 (Case R 1530/2006-4) regarding the registration of the word sign MaxiBridge as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    ERNI Electronics GmbH

    Community trade mark sought:

    Word mark ‘MaxiBridge’ for goods and services in Classes 9 and 17 – Application No 4899647

    Decision of the Examiner:

    Registration refused

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders ERNI Electronics GmbH to pay the costs.

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