Judgment — ECLI:EU:T:2010:360
Date: 2010-09-08
Language of the case: German
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: United Kingdom

Judgment of the General Court (Eighth Chamber) of 8 September 2010 – Micro Shaping v OHIM (packaging) (Case T-64/09) Community trade mark – Application for Community figurative mark packaging – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009) 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 30-31, 44-45) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 11 December 2008 (Case R 1063/2008-1), concerning an application for registration of the figurative sign packaging as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Micro Shaping Ltd Community trade mark sought: Figurative mark packaging for goods and services in Classes 16, 17 and 42 – Application No 6354311 Decision of the Opposition Division: Registration partially refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Micro Shaping Ltd to pay the costs.