CELEX: 62005TJ0248
Language: en
Date: 2008-09-24
Title: Judgment of the Court of First Instance (Fifth Chamber) of 24 September 2008. # HUP Uslugi Polska sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark ‘I.T.@MANPOWER’ - Absolute grounds for refusal - Distinctive character - Lack of descriptive character - No signs or indications which have become customary - Not a trade mark of such a nature as to deceive the public - Article 7(1)(b), (c), (d) and (g) and Article 51(1)(a) of Regulation (EC) No 40/94. # Case T-248/05.

Judgment of the Court of First Instance (Fifth Chamber) of 24 September 2008 – HUP Uslugi Polska v OHIM – Manpower (I.T.@MANPOWER)
      (Case T-248/05)
      Community trade mark – Invalidity proceedings – Community word mark ‘I.T.@MANPOWER’ – Absolute grounds for refusal – Distinctive character – Lack of descriptive character – No signs or indications which have become customary – Not a trade mark of such a nature as to deceive the public – Article 7(1)(b), (c), (d) and (g) and Article 51(1)(a) of Regulation (EC) No 40/94
      Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity (Council Regulation No 40/94, Arts 7(1)(b) to (d) and (g) and 51(1)(a)) (see paras 43-45,
         52-54, 60-63, 66-68)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 April 2005 (Case R 124/2004-4) concerning invalidity
                  proceedings between MP Temporärpersonal GmbH and Manpower Inc.
               
            Information relating to the case
      
               Registered Community trade mark subject to an action for cancellation:
            
            
               Word mark I.T.@MANPOWER for goods and services in Classes 9, 16, 35, 38, 41 and 42 – Community mark No 861559
            
         
               Proprietor of the Community trade mark:
            
            
               Manpower Inc.
            
         
               Party applying for cancellation:
            
            
               MP Temporärpersonal GmbH
            
         
               Basis of the application for cancellation:
            
            
               Article 51(1)(a) of Regulation No 40/94, in connection with Article 7(1)(b) to (d) and (g) of that regulation
            
         
               Decision of the Cancellation Division:
            
            
               Action for cancellation dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders HUP Uslugi Polska sp. z o.o. to pay the costs.