Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 12 June 2007 – MacLean-Fogg v OHIM (LOKTHREAD)**

**(Case T-339/05)**

Community trade mark – Application for the Community word mark LOKTHREAD – Absolute grounds for refusal of registration – 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 51-55)

**Re:**

|  |
| --- |
| ACTION brought against the decision of the First Board of Appeal of OHIM of 20 June 2005 (Case R 1122/2004-1), concerning the registration of the word mark LOKTHREAD as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | MacLean-Fogg Co. |
| Community trade mark sought: | Word mark LOKTHREAD for goods in Class 6 – Application No 3440666 |
| Decision of the Examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
|  |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
|  |  | Orders MacLean-Fogg Co. to pay the costs. |

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