Joined Cases C-202/08 P and C-208/08 P: Judgment of the Court (First Chamber) of 16 July 2009 — American Clothing Associates SA and Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Intellectual property — Regulation (EC) No 40/94 — Community trade mark — Paris Convention for the Protection of Industrial Property — Absolute grounds for refusal to register a trade mark — Trade marks identical with or similar to a State emblem — Representation of a maple leaf — Applicability to service marks)
Date: 2009-07-16
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, textile industry, trade-mark law








C_2009220EN.01001201.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/12





Judgment of the Court (First Chamber) of 16 July 2009 — American Clothing Associates SA and Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Joined Cases C-202/08 P and C-208/08 P) (1)

(Appeal - Intellectual property - Regulation (EC) No 40/94 - Community trade mark - Paris Convention for the Protection of Industrial Property - Absolute grounds for refusal to register a trade mark - Trade marks identical with or similar to a State emblem - Representation of a maple leaf - Applicability to service marks)
2009/C 220/19
Language of the case: French

Parties


Appellant: American Clothing Associates NV (represented by: P. Maeyaert, advocaat, N. Clarembeaux and C. De Keersmaeker, avocats) (C-202/08 P), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent) (C-208/08)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent) (202/08), American Clothing Asociates NV (represented by: P. Maeyaert, advocaat, N. Clarembeaux and C. De Keersmaeker, avocats (C-208/08 P)

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 28 February 2008 in Case T-215/06 American Clothing Associates SA v OHIM by which the Court dismissed the action brought by the applicant against the decision of the First Board of Appeal of OHIM of 4 May 2006 refusing registration as a Community trade mark of a sign representing a maple leaf in respect of goods in Classes 18 and 25 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks — Infringement of Articles 7(1)(h) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) and 6ter(1)(a) of the Paris Convention for the Protection of Industrial Property of 20 March 1883, as revised and amended — Absolute grounds for refusal of registration — Trademarks identical or similar to a State emblem — Representation of a maple leaf

Operative part of the judgment

The Court:






1.


Dismisses the appeal brought by American Clothing Associates NV in Case C-202/08 P;










2.


Sets aside the judgment of the Court of First Instance of the European Communities of 28 February 2008 in Case T-215/06 American Clothing Associates v OHIM, in so far as it annulled the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 May 2006 (Case R 1463/2005-1) rejecting the application for registration of a sign representing a maple leaf as a Community trade mark;










3.


Dismisses the action brought by American Clothing Associates NV in Case T-215/06;










4.


Orders American Clothing Associates NV to pay the costs in Cases C-202/08 P and C-208/08 P.






(1)  OJ C 209, 15.8.2008.