Order — ECLI:EU:T:2008:408
Date: 2008-09-29
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 - unfounded
Origin: United Kingdom

Order of the Court of First Instance (Seventh Chamber) of 29 September 2008 – Powderject Research v OHIM (POWDERMED) (Case T-166/06) Community trade mark – Application for the Community word mark POWDERMED – Absolute ground for refusal – Descriptiveness – Article 7(1)(b) and (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 22-25) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 12 April 2006 (Case R 1189/2005‑2) concerning an application for registration of the word sign POWDERMED as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Powderject Research Ltd Community trade mark sought: Word mark POWDERMED for goods and services in Classes 5, 10 and 42 – Application No 4202743 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 Powderject Research Ltd to pay the costs.