CELEX: 62005TJ0248
Community trade mark
Invalidity proceedings
Community word mark ‘I.T.@MANPOWER’
Absolute grounds for refusal
Distinctive character
Lack of descriptive character
No signs or indications which have become customary
Not a trade mark of such a nature as to deceive the public
Article 7(1)(b), (c), (d) and (g) and Article 51(1)(a) of Regulation (EC) No 40/94

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 April 2005 (Case R 124/2004-4) concerning invalidity
proceedings between MP Temporärpersonal GmbH and Manpower Inc.
Information relating to the case
Registered Community trade mark subject to an action for cancellation:
Word mark I.T.@MANPOWER for goods and services in Classes 9, 16, 35, 38, 41 and 42 – Community mark No 861559
Proprietor of the Community trade mark:
Manpower Inc.
Party applying for cancellation:
MP Temporärpersonal GmbH
Basis of the application for cancellation:
Article 51(1)(a) of Regulation No 40/94, in connection with Article 7(1)(b) to (d) and (g) of that regulation
Decision of the Cancellation Division:
Action for cancellation dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders HUP Uslugi Polska sp. z o.o. to pay the costs.