CELEX: 62008TJ0507
Community trade mark
Invalidity proceedings
Community word mark 16PF
Absolute grounds for refusal
Distinctive character
No descriptive character
No signs which have become customary
No bad faith
Article 7(1)(b) to (d) and Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) to (d) and Article 52(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 1012/2007-2), relating to
invalidity proceedings between Psytech International Ltd and the Institute for Personality & Ability Testing, Inc.
Information relating to the case
Registered Community trade mark of which cancellation sought:
Word mark 16PF for goods and services in Classes 9, 16, 35, 41 and 42 – Community trade mark registration No 1892652
Proprietor of the Community trade mark:
Institute for Personality & Ability Testing, Inc.
Party requesting the declaration of invalidity of the Community trade mark:
Psytech International Ltd
Decision of the Cancellation Division:
Application for cancellation dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:

1.Dismisses the action;

2.Orders Psytech International Ltd to pay the costs.