CELEX: 62008TJ0132
Language: en
Date: 2009-06-11
Title: Judgment of the Court of First Instance (Sixth Chamber) of 11 June 2009. # ERNI Electronics GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a three-dimensional Community trade mark - Shape of tweezers - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009). # Case T-132/08.

Judgment of the Court of First Instance (Sixth Chamber) of 11 June 2009 – ERNI Electronics v OHIM (MaxiBridge)
      (Case T-132/08)
      Community trade mark – Application for the Community word mark MaxiBridge – Absolute ground for refusal – Descriptiveness of the function of the goods indicated in the trade mark application – 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 34, 47-50)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 January 2008 (Case R 1530/2006-4) regarding
                  the registration of the word sign MaxiBridge as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               ERNI Electronics GmbH
            
         
               Community trade mark sought:
            
            
               Word mark ‘MaxiBridge’ for goods and services in Classes 9 and 17 – Application No 4899647
            
         
               Decision of the Examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders ERNI Electronics GmbH to pay the costs.