CELEX: 62009TJ0161
Language: en
Date: 2010-12-16
Title: Judgment of the General Court (Second Chamber) of 16 December 2010. # Ilink Kommunikationssysteme GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark ilink - 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-161/09.

Judgment of the General Court (Second Chamber) of 16 December 2010 – Ilink Kommunikationssysteme v OHIM (ilink)
      (Case T-161/09)
      Community trade mark – Application for Community word mark ilink – 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 27, 36-37, 48)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 February 2009 (Case R 1849/2007-4), relating
                  to registration of the word sign ‘ilink’ as a Community trade mark.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Ilink Kommunikationssysteme GmbH
            
         
               Community trade mark sought:
            
            
               Word mark ilink for goods and services in Classes 9, 16, 38 and 42 – Application No 5120911
            
         
               Decision of the examiner:
            
            
               Registration refused in part
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Ilink Kommunikationssysteme GmbH to pay the costs.