Judgment — ECLI:EU:T:2004:245
Date: 2004-07-20
Language of the case: German
Court formation: First 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 - unfounded
Origin: Germany

Summary of the Judgment 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 a product – Word sign ‘LIMO’ (Council Regulation No 40/94, Art. 7(1)(c)) The word sign LIMO, in respect of which registration is sought for goods in Classes 9 and 10 under the Nice Agreement which include, in particular, lasers for non‑medical and for medical purposes, may serve to designate, for the purposes of Article 7(1)(c) of Regulation No 40/94, one of the essential characteristics of the goods referred to in the trade mark application from the point of view of the relevant public which must be deemed to be composed of specialists, who are well‑informed, observant and circumspect. The specialist consumer will be in a position to establish a sufficiently direct and specific link between the goods covered and the sign and will perceive that sign as the abbreviation for ‘Laser Intensity Modulation’ and as referring, at the very least, to one of the possible intended purposes of those goods, namely as part of a laser intensity modulation system. (see paras 28, 45)