Judgment of the Court of First Instance (Fifth Chamber) of 12 June 2007 – MacLean-Fogg v OHIM (LOKTHREAD)

(Case T-339/05)

Community trade mark – Application for the Community word mark LOKTHREAD – Absolute grounds for refusal of registration – Descriptive character – Article 7(1)(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 51-55)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 20 June 2005 (Case R 1122/2004-1), concerning the registration of the word mark LOKTHREAD as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

MacLean-Fogg Co.

Community trade mark sought:

Word mark LOKTHREAD for goods in Class 6 – Application No 3440666

Decision of the Examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

 

Dismisses the action;

 

Orders MacLean-Fogg Co. to pay the costs.