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Document 62006TO0166

    Order of the Court of First Instance (Seventh Chamber) of 29 September 2008.
    Powderject Research Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for the Community word mark POWDERMED - Absolute ground for refusal - Descriptiveness - Article 7(1)(b) and (c) of Regulation (EC) No 40/94.
    Case T-166/06.

    European Court Reports 2008 II-00206*

    ECLI identifier: ECLI:EU:T:2008:408





    Order of the Court of First Instance (Seventh Chamber) of 29 September 2008 – Powderject Research v OHIM (POWDERMED)

    (Case T-166/06)

    Community trade mark – Application for the Community word mark POWDERMED – Absolute ground for refusal – Descriptiveness – Article 7(1)(b) and (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 22-25)

    Re:

    ACTION brought against the decision of the Second Board of Appeal of OHIM of 12 April 2006 (Case R 1189/2005‑2) concerning an application for registration of the word sign POWDERMED as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    Powderject Research Ltd

    Community trade mark sought:

    Word mark POWDERMED for goods and services in Classes 5, 10 and 42 – Application No 4202743

    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 Powderject Research Ltd to pay the costs.

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