Source: EURLEX
Language: en
Format: md

**Order of the Court of First Instance (Seventh Chamber) of 29 September 2008 – Powderject Research v OHIM (POWDERMED)**

**(Case T-166/06)**

Community trade mark – Application for the Community word mark POWDERMED – Absolute ground for refusal – Descriptiveness – Article 7(1)(b) and (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 22-25)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 12 April 2006 (Case R 1189/2005‑2) concerning an application for registration of the word sign POWDERMED as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Powderject Research Ltd |
| Community trade mark sought: | Word mark POWDERMED for goods and services in Classes 5, 10 and 42 – Application No 4202743 |
| Decision of the Examiner: | Refusal of registration |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Powderject Research Ltd to pay the costs. |

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