CELEX: 62007TJ0424
Community trade mark
Application for the Community word mark OPTIMUM
Absolute ground for refusal
Lack of distinctive character
Article 7(1)(b) of Regulation (EC) No 40/94
Obligation to state reasons
Examination of the facts of OHIM’s own motion
Articles 73 and 74(1) of Regulation No 40/94

ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 September 2007 (Case R 288/2007-2), concerning
an application for registration of the word sign OPTIMUM as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Pioneer Hi-Bred International, Inc.
Community trade mark sought:
Word mark OPTIMUM for goods in Class 1 – Application No 4893053
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Pioneer Hi-Bred International, Inc. to pay the costs.