Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Third Chamber) of 17 October 2007 – InterVideo v OHIM (WinDVD Creator)**

**(Case T-105/06)**

Community trade mark – Application for Community figurative mark WinDVD Creator – Absolute grounds for refusal – Articles 4 and 7(1)(b) and (c) of Regulation (EC) 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 46, 52)*

2.                     *Community trade mark – Procedural provisions (Council Regulation No 40/94, Art. 74(1)) (see paras 41-42)*

**Re:**

|  |  |
| --- | --- |
|  | ACTION against the decision of the Second Board of Appeal of OHIM of 31 January 2006 (Case R 987/2005-2), relating to registration of the figurative sign WinDVD Creator as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | InterVideo Inc. |
| Community trade mark sought: | Figurative mark WindDVD Creator for goods in Class 9 – Application No 4106936 |
| Decision of the Examiner: | Refusal of registration |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part:**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders InterVideo Inc. to pay the costs. |

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