Judgment — ECLI:EU:T:2007:309
Date: 2007-10-17
Language of the case: English
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Examination of the facts by the Office of its own motion;Figurative marks
Procedure: Action for annulment - unfounded

Judgment of the Court of First Instance (Third Chamber) of 17 October 2007 – InterVideo v OHIM (WinDVD Creator) (Case T-105/06) Community trade mark – Application for Community figurative mark WinDVD Creator – Absolute grounds for refusal – Articles 4 and 7(1)(b) and (c) of Regulation (EC) No 40/94 1. 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 46, 52) 2. Community trade mark – Procedural provisions (Council Regulation No 40/94, Art. 74(1)) (see paras 41-42) Re: ACTION against the decision of the Second Board of Appeal of OHIM of 31 January 2006 (Case R 987/2005-2), relating to registration of the figurative sign WinDVD Creator as a Community trade mark. Information relating to the case Applicant for the Community trade mark: InterVideo Inc. Community trade mark sought: Figurative mark WindDVD Creator for goods in Class 9 – Application No 4106936 Decision of the Examiner: Refusal of registration Decision of the Board of Appeal: Appeal dismissed Operative part: The Court: 1. Dismisses the action; 2. Orders InterVideo Inc. to pay the costs.