Source: EURLEX
Language: en
Format: md

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| 7.3.2009 | EN | Official Journal of the European Union | C 55/24 |

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Judgment of the Court of First Instance of 20 January 2009 — Pioneer Hi-Bred International v OHIM (OPTIMUM)

(Case T-424/07)[(1)](#ntr1-C_2009055EN.01002402-E0001)

(Community trade mark - Application for the Community word mark OPTIMUM - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Obligation to state reasons - Examination of the facts of OHIM's own motion - Articles 73 and 74(1) of Regulation (EC) No 40/94)

(2009/C 55/44)

Language of the case: English

Parties

Applicant: Pioneer Hi-Bred International, Inc. (Johnston, Iowa, United States) (represented by: G. Würtenberger, R. Kunze and T. Wittmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 September 2007 (Case R 288/2007-2), concerning an application for registration of the word sign OPTIMUM as a Community trade mark

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Pioneer Hi-Bred International, Inc. to pay the costs. |

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