CELEX: 62006TJ0164
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

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.
Information relating to the case
Applicant for the Community trade mark:
ColArt/Americas, Inc.
Community trade mark sought:
Word mark BASICS for goods in Class 2 – Application No 2433613
Decision of the Examiner:
Refusal of registration
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the appeal;
2.
Orders ColArt/Americas, Inc. to pay the costs.