CELEX: 62009TJ0310
Community trade mark
Applications for Community word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX
Absolute ground for refusal
Descriptive character
Article 7(1)(c) of Regulation (EC) No 207/2009

ACTIONS brought, in Case T-310/09, against the decision of the Grand Board of Appeal of OHIM of 28 April 2009 (Case R 323/2008‑G)
concerning an application for registration of the word sign BEHAVIOURAL INDEXING as a Community trade mark and, in Case T-383/09,
against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 138/2009‑1) concerning an application for
registration of the word sign BEHAVIOURAL INDEX as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Fuller & Thaler Asset Management, Inc.
Community trade mark sought:
Word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX for goods and services in classes 9 and 36 – Applications Nos 5785456
and 5785092
Decision of the examiner:
Registrations refused
Decision of the Board of Appeal:
Appeals dismissed
Operative part
The Court:
1.
Orders that Cases T‑310/09 and T‑383/09 be joined for the purposes of the present judgment;
2.
Dismisses the applications;
3.
Orders Fuller & Thaler Asset Management, Inc., in Cases T‑310/09 and T‑383/09, to bear its own costs and to pay those incurred
by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).