CELEX: 62006TJ0158
Language: en
Date: 2008-10-23
Title: Judgment of the Court of First Instance (Seventh Chamber) of 23 October 2008. # Adobe Systems Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-158/06.

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.