Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 12 September 2007 – ColArt/Americas v OHIM (BASICS)**

**(Case T-164/06)**

Community trade mark – Application for the Community word mark BASICS – Absolute grounds for refusal – Lack of distinctive character – Descriptive mark – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 – Distinctive character acquired through use – Article 7(3) of Regulation No 40/94

1.                     *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 24-25) (see paras 24-25)*

2.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
of any distinctive character – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94,
Art. 7(3)) (see paras 45-47, 53)*

**Re:**

|  |  |
| --- | --- |
|  | APPLICATION for annulment of the decision of the Fourth Board of Appeal of OHIM of 7 April 2006 (Case R 788/2005-4), refusing to register the word mark BASICS as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | ColArt/Americas, Inc. |
| Community trade mark sought: | Word mark BASICS for goods in Class 2 – Application No 2433613 |
| Decision of the Examiner: | Refusal of registration |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the appeal; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders ColArt/Americas, Inc. to pay the costs. |

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