CELEX: 62007TJ0180
Language: en
Date: 2009-09-16
Title: Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009. # Promomadrid Desarrollo Internacional de Madrid, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for two Community figurative marks OFFSHORE LEGENDS, one in black and white, the other in blue, black and green - Earlier national figurative mark OFFSHORE 1 - Relative grounds for refusal - Likelihood of confusion - Similarity of goods and signs - Absence of request for proof of genuine use of the earlier mark - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Article 43(2) and (3) of Regulation No 40/94 in conjunction with Article 15(2)(a) of Regulation No 40/94 (now Article 42(2) and (3) and point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009). # Case T-180/07.

Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Promomadrid v OHIM (MADRIDEXPORTA)
      (Case T-180/07)
      Community trade mark – Application for Community figurative mark MADRIDEXPORTA – Absolute grounds 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 26, 38)
      
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 1130/2006-1) concerning an
                  application for registration of the figurative mark MADRIDEXPORTA as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Promomadrid Desarrollo Internacional de Madrid, SA
            
         
               Community trade mark sought:
            
            
               Composite mark MADRIDEXPORTA for goods and services in Classes 16, 35, 36, 38, 39, 41 and 42 – Application No 4659553
            
         
               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 7 March 2007 (Case R 1130/2006-1);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay the costs.