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Document 62009TJ0310
Judgment of the General Court (Fourth Chamber) of 12 April 2011. # Fuller & Thaler Asset Management, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Applications for Community word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009. # Cases T-310/09 and T-383/09.
Judgment of the General Court (Fourth Chamber) of 12 April 2011.
Fuller & Thaler Asset Management, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Applications for Community word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009.
Cases T-310/09 and T-383/09.
Judgment of the General Court (Fourth Chamber) of 12 April 2011.
Fuller & Thaler Asset Management, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Applications for Community word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009.
Cases T-310/09 and T-383/09.
Izvješća Suda EU-a 2011 II-00092*
ECLI identifier: ECLI:EU:T:2011:157
Judgment of the General Court (Fourth Chamber) of 12 April 2011 – Fuller & Thaler Asset Management v OHIM (BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX)
(Cases T-310/09 and T-383/09)
Community trade mark – Applications for Community word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009)
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 207/2009, Art. 7(1)(c)) (see paras 33, 44)
2. Community trade mark – Procedural provisions – Examination of the facts of the Office’s own motion – Scope (Council Regulation No 207/2009, Art. 76(1)) (see para. 49)
Re:
ACTIONS brought, in Case T-310/09, against the decision of the Grand Board of Appeal of OHIM of 28 April 2009 (Case R 323/2008‑G) concerning an application for registration of the word sign BEHAVIOURAL INDEXING as a Community trade mark and, in Case T-383/09, against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 138/2009‑1) concerning an application for registration of the word sign BEHAVIOURAL INDEX as a Community trade mark. |
Information relating to the case
Applicant for the Community trade mark: |
Fuller & Thaler Asset Management, Inc. |
Community trade mark sought: |
Word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX for goods and services in classes 9 and 36 – Applications Nos 5785456 and 5785092 |
Decision of the examiner: |
Registrations refused |
Decision of the Board of Appeal: |
Appeals dismissed |
Operative part
The Court:
1. |
Orders that Cases T‑310/09 and T‑383/09 be joined for the purposes of the present judgment; |
2. |
Dismisses the applications; |
3. |
Orders Fuller & Thaler Asset Management, Inc., in Cases T‑310/09 and T‑383/09, to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |