Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 16 September 2009 – JanSport Apparel v OHIM (BUILT TO RESIST)**

**(Case T-80/07)**

Community trade mark – Application for the Community word mark BUILT TO RESIST – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

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 24-29, 41-47)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of 12 January 2007 of the Second Board of Appeal of OHIM (Case R 1090/2006-2) concerning an application for registration of the word mark BUILT TO RESIST as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | JanSport Apparel Corp. |
| Community trade mark sought: | National word mark ‘BUILT TO RESIST’ for goods and services in Classes 16, 18 and 25 – Application No 2937522 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

1.      Dismisses the action;

2.      Orders JanSport Apparel Corp. to pay the costs.

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