Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Second Chamber) of 7 June 2011 – Psytech International v OHIM – Institute for Personality &
Ability Testing (16PF)**

**(Case T-507/08)**

Community trade mark – Invalidity proceedings – Community word mark 16PF – Absolute grounds for refusal – Distinctive character – No descriptive character – No signs which have become customary – No bad faith – Article 7(1)(b) to (d) and Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) to (d) and Article 52(1)(b)
of Regulation (EC) No 207/2009)

1.                     *Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Registration contrary to Article
7(1)(b) to (d) of Regulation No 40/94 (Council Regulation No 40/94, Arts 7(1)(b) to (d) and 51(1)(a)) (see paras 32-35, 59-65,
78-79)*

2.                     *Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Applicant in bad faith at the
time of lodging the trade mark application (Council Regulation No 40/94, Art. 51(1)(b)) (see paras 89-93)*

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 1012/2007-2), relating to invalidity proceedings between Psytech International Ltd and the Institute for Personality & Ability Testing, Inc. |

**Information relating to the case**

|  |  |
| --- | --- |
| Registered Community trade mark of which cancellation sought: | Word mark 16PF for goods and services in Classes 9, 16, 35, 41 and 42 – Community trade mark registration No 1892652 |
| Proprietor of the Community trade mark: | Institute for Personality & Ability Testing, Inc. |
| Party requesting the declaration of invalidity of the Community trade mark: | Psytech International Ltd |
| Decision of the Cancellation Division: | Application for cancellation dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
|  |  | 1.Dismisses the action; |

|  |  |  |
| --- | --- | --- |
|  |  | 2.Orders Psytech International Ltd to pay the costs. |

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