CELEX: 62005TJ0462
Language: en
Date: 2008-12-10
Title: Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008. # JTEKT Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a Community word mark IFS - Absolute grounds for refusal - Not descriptive - Article 7(1)(c) of Regulation (EC) No 40/94. # Case T-462/05.

Judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008 – JTEKT v OHIM (IFS)
      (Case T-462/05)
      Community trade mark – Application for a Community word mark IFS – Absolute grounds for refusal – Not descriptive – 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 25, 31, 39-40)
      
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 14 September 2005 (Case R 1157/2004-1) concerning
                  an application to register the word mark IFS as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               JTEKT Corp.
            
         
               Community trade mark sought:
            
            
               Word mark IFS for goods in Class 12 – Application No 3157492
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
                     (OHIM) of 14 September 2005 (Case R 1157/2004-1);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to bear its own costs and to pay those incurred by JTEKT Corp.