# C_2008313EN.01002802.xml

| 6.12.2008 | EN | Official Journal of the European Union | C 313/28 |
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6.12.2008

EN

Official Journal of the European Union

C 313/28

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Order of the Court of First Instance of 15 October 2008 — Powerserv Personalservice v OHIM — Manpower (MANPOWER)

(Case T-405/05) (1)

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(Community trade mark - Invalidity proceedings - Community word mark MANPOWER - Absolute grounds for refusal - Descriptive character - Partial alteration - Distinctive character acquired through use - Article 7(1)(c), Article 51(1) and (2) and Article 63(3) of Regulation (EC) No 40/94)

(2008/C 313/49)

Language of the case: German

Parties

Applicant: Powerserv Personalservice GmbH, formerly Manpower Personalservice GmbH (Sankt Pölten, Austria) (represented by: B. Kuchar, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, and intervener before the Court of First Instance: Manpower, Inc. (Milwaukee, Wisconsin, United States) (represented initially by: R. Moscona, Solicitor, subsequently by R. Moscona and A. Bryson, Barrister, and lastly by A. Bryson and V. Marsland, Solicitor)

Other party to the proceedings before the Board of Appeal of OHIM, and intervener before the Court of First Instance:

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 July 2005 (Case R 499/2004-4) relating to an application for a declaration that Community trade mark No 76059, MANPOWER, is invalid.

Operative part of the order

| 1. | Alters the Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 July 2005 in Case R 499/2004-4 relating to an application for a declaration that Community trade mark No 76059, MANPOWER, is invalid, to the effect that that trade mark is not descriptive, in the Netherlands, Sweden, Finland or Denmark, of the goods and services for which it was registered. The operative part of that decision is maintained. |
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1.

Alters the Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 July 2005 in Case R 499/2004-4 relating to an application for a declaration that Community trade mark No 76059, MANPOWER, is invalid, to the effect that that trade mark is not descriptive, in the Netherlands, Sweden, Finland or Denmark, of the goods and services for which it was registered. The operative part of that decision is maintained.

| 2. | Dismisses, as to the remainder, the application by Manpower Inc. seeking alteration of the above decision of the Board of Appeal of OHIM. |
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2.

Dismisses, as to the remainder, the application by Manpower Inc. seeking alteration of the above decision of the Board of Appeal of OHIM.

| 3. | Dismisses the action. |
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3.

Dismisses the action.

| 4. | Orders Powerserv Personalservice GmbH to pay the costs. |
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4.

Orders Powerserv Personalservice GmbH to pay the costs.

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(1)  OJ C 22, 28.1.2006.

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