CELEX: 62009TJ0064
Language: en
Date: 2010-09-08 00:00:00
Title: Judgment of the General Court (Eighth Chamber) of 8 September 2010. # Micro Shaping Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community figurative mark packaging - 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). # Case T-64/09.

Judgment of the General Court (Eighth Chamber) of 8 September 2010 – Micro Shaping v OHIM (packaging)
      (Case T-64/09)
      Community trade mark – Application for Community figurative mark packaging – 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 30-31, 44-45)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 11 December 2008 (Case R 1063/2008-1), concerning
                  an application for registration of the figurative sign packaging as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Micro Shaping Ltd
            
         
               Community trade mark sought:
            
            
               Figurative mark packaging for goods and services in Classes 16, 17 and 42 – Application No 6354311
            
         
               Decision of the Opposition Division:
            
            
               Registration partially refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Micro Shaping Ltd to pay the costs.