CELEX: 62007TJ0080
Community trade mark
Application for the Community word mark BUILT TO RESIST
Absolute ground for refusal
Descriptive character
Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

ACTION brought against the decision of 12 January 2007 of the Second Board of Appeal of OHIM (Case R 1090/2006-2) concerning
an application for registration of the word mark BUILT TO RESIST as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
JanSport Apparel Corp.
Community trade mark sought:
National word mark ‘BUILT TO RESIST’ for goods and services in Classes 16, 18 and 25 – Application No 2937522
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.      Dismisses the action;
2.      Orders JanSport Apparel Corp. to pay the costs.