Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Seventh Chamber) of 23 October 2008 – Adobe v OHIM (FLEX)**

**(Case T-158/06)**

Community trade mark – Application for the Community word mark FLEX – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94

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 45, 47-48, 56-57)

**Re:**

|  |  |
| --- | --- |
|  | ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 11 April 2006 (Case R 1430/2005-2) concerning registration of the Community trade mark FLEX No 3795011. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Adobe Systems Inc. |
| Community trade mark sought: | Word mark FLEX for goods and services in Classes 9, 38 and 42 – Application No 3795011 |
| Decision of the examiner: | Refusal of registration |
| Decision of the Board of Appeal: | Appeal partially dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Adobe Systems Inc. to pay the costs. |

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