CELEX: 62007TJ0424
Language: en
Date: 2009-01-20
Title: Judgment of the Court of First Instance (Second Chamber) of 20 January 2009. # Pioneer Hi-Bred International, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark OPTIMUM - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Obligation to state reasons - Examination of the facts of OHIM’s own motion - Articles 73 and 74(1) of Regulation No 40/94. # Case T-424/07.

Judgment of the Court of First Instance (Second Chamber) of 20 January 2009 – Pioneer Hi-Bred International v OHIM (OPTIMUM)
      (Case T-424/07)
      Community trade mark – Application for the Community word mark OPTIMUM – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Obligation to state reasons – Examination of the facts of OHIM’s own motion – Articles 73 and 74(1) of Regulation No 40/94
      1.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
            of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 23-26, 28, 34)
      2.                     Community trade mark – Procedural provisions – Examination of the facts of the Office’s own motion – Scope (Council Regulation
            No 40/94, Art. 74) (see paras 42-49)
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 September 2007 (Case R 288/2007-2), concerning
                  an application for registration of the word sign OPTIMUM as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Pioneer Hi-Bred International, Inc.
            
         
               Community trade mark sought:
            
            
               Word mark OPTIMUM for goods in Class 1 – Application No 4893053
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Pioneer Hi-Bred International, Inc. to pay the costs.