Judgment — ECLI:EU:T:2009:9
Date: 2009-01-20
Language of the case: English
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks;Examination of the facts by the Office of its own motion
Procedure: Action for annulment - unfounded

Judgment of the Court of First Instance of 20 January 2009 - Pioneer Hi-Bred International v OHIM (OPTIMUM) (Case T-424/07) 1 (Community trade mark - Application for the Community word mark OPTIMUM - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Obligation to state reasons - Examination of the facts of OHIM's own motion - Articles 73 and 74(1) of Regulation No 40/94) Language of the case: English Parties Applicant: Pioneer Hi-Bred International, Inc. (Johnston, Iowa, United States) (represented by: G. Würtenberger, R. Kunze and T. Wittmann, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent) Re: Action brought against the decision of the Second Board of Appeal of OHIM of 11 September 2007 (Case R 288/2007-2), concerning an application for registration of the word sign OPTIMUM as a Community trade mark Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Pioneer Hi-Bred International, Inc. to pay the costs. ____________ 1 - OJ C 8, 12.1.2008.