Judgment — ECLI:EU:T:2008:86
Date: 2008-04-02
Language of the case: French
Court formation: Eighth 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: France

Judgment of the Court of First Instance (Eighth Chamber) of 2 April 2008 – Eurocopter v OHIM (STEADYCONTROL) (Case T-181/07) Community trade mark – Application for Community word mark STEADYCONTROL – Absolute grounds for refusal – Descriptive character – Article 7(1)(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 46, 50, 55) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 March 2007 (Case R 8/2006-4) concerning an application for registration of the word mark STEADYCONTROL as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Eurocopter SAS Community trade mark sought: Word mark STEADYCONTROL for goods in Classes 9, 12 and 38 – Application No 3560935 Decision of the examiner: Registration partially refused for goods in Classes 9 and 12 Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the application; 2. Orders Eurocopter SAS to pay the costs.