Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008 – TridonicAtco v OHIM (Intelligent Voltage Guard)**

**(Case T-297/07)**

Community trade mark – Application for the Community figurative mark Intelligent Voltage Guard – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation(EC) No 40/94

1.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Seperate examination
of the grounds for refusal in relation to each of the products or services referred to in the application registration – Duty
to state reasons for a refusal of registration (Council Regulation No 40/94, Art. 7(1)) (see para. 22)*

2.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 29-39)*

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 31 May 2007 (Case R 108/2007-2) concerning an application to register the figurative mark Intelligent Voltage Guard as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | TridonicAtco GmbH & Co. KG |
| Community trade mark sought: | Figurative mark Intelligent Voltage Guard for goods in Classes 9 and 11 – Application No W874778 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the application; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders TridonicAtco & Co. KG to pay the costs. |

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