Judgment — ECLI:EU:T:2008:557
Date: 2008-12-10
Language of the case: English
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - successful

Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008 – JTEKT v OHIM (IFS) (Case T-462/05) Community trade mark – Application for a Community word mark IFS – Absolute grounds for refusal – Not descriptive – Article 7(1)(c) of Regulation (EC) No 40/94 Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 25, 31, 39-40) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 14 September 2005 (Case R 1157/2004-1) concerning an application to register the word mark IFS as a Community trade mark. Information relating to the case Applicant for the Community trade mark: JTEKT Corp. Community trade mark sought: Word mark IFS for goods in Class 12 – Application No 3157492 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 September 2005 (Case R 1157/2004-1); 2. Orders OHIM to bear its own costs and to pay those incurred by JTEKT Corp.