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Document C2007/247/53
Case T-164/06: Judgment of the Court of First Instance of 12 September 2007 — ColArt/Americas/OHIM (BASICS) (Community trade mark — Application for the Community word mark BASICS — Absolute grounds for refusal — Lack of distinctive character — Descriptive mark — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Distinctive character acquired through use — Article 7(3) of Regulation No 40/94)
Case T-164/06: Judgment of the Court of First Instance of 12 September 2007 — ColArt/Americas/OHIM (BASICS) (Community trade mark — Application for the Community word mark BASICS — Absolute grounds for refusal — Lack of distinctive character — Descriptive mark — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Distinctive character acquired through use — Article 7(3) of Regulation No 40/94)
Case T-164/06: Judgment of the Court of First Instance of 12 September 2007 — ColArt/Americas/OHIM (BASICS) (Community trade mark — Application for the Community word mark BASICS — Absolute grounds for refusal — Lack of distinctive character — Descriptive mark — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Distinctive character acquired through use — Article 7(3) of Regulation No 40/94)
SL C 247, 20.10.2007, p. 33–33
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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20.10.2007 |
EN |
Official Journal of the European Union |
C 247/33 |
Judgment of the Court of First Instance of 12 September 2007 — ColArt/Americas/OHIM (BASICS)
(Case T-164/06) (1)
(Community trade mark - Application for the Community word mark BASICS - Absolute grounds for refusal - Lack of distinctive character - Descriptive mark - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Distinctive character acquired through use - Article 7(3) of Regulation No 40/94)
(2007/C 247/53)
Language of the case: English
Parties
Applicant: ColArt/Americas, Inc (Piscataway, New Jersey, United States) (represented by: E. Soler Borda and R. Zeineh, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Re:
Application for annulment of the decision of the Fourth Board of Appeal of OHIM of 7 April 2006 (Case R 788/2005-4) refusing to register the word mark BASICS as a Community trade mark.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders ColArt/Americas, Inc. to pay the costs. |