Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 24 September 2008 – HUP Uslugi Polska v OHIM – Manpower (I.T.@MANPOWER)**

**(Case T-248/05)**

Community trade mark – Invalidity proceedings – Community word mark ‘I.T.@MANPOWER’ – Absolute grounds for refusal – Distinctive character – Lack of descriptive character – No signs or indications which have become customary – Not a trade mark of such a nature as to deceive the public – Article 7(1)(b), (c), (d) and (g) and Article 51(1)(a) of Regulation (EC) No 40/94

Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity (Council Regulation No 40/94, Arts 7(1)(b) to (d) and (g) and 51(1)(a)) (see paras 43-45,
52-54, 60-63, 66-68)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 April 2005 (Case R 124/2004-4) concerning invalidity proceedings between MP Temporärpersonal GmbH and Manpower Inc. |

**Information relating to the case**

|  |  |
| --- | --- |
| Registered Community trade mark subject to an action for cancellation: | Word mark I.T.@MANPOWER for goods and services in Classes 9, 16, 35, 38, 41 and 42 – Community mark No 861559 |
| Proprietor of the Community trade mark: | Manpower Inc. |
| Party applying for cancellation: | MP Temporärpersonal GmbH |
| Basis of the application for cancellation: | Article 51(1)(a) of Regulation No 40/94, in connection with Article 7(1)(b) to (d) and (g) of that regulation |
| Decision of the Cancellation Division: | Action for cancellation dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders HUP Uslugi Polska sp. z o.o. to pay the costs. |

[Top](#document1)