CELEX: 62007TJ0297
Language: en
Date: 2008-10-15
Title: Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008. # TridonicAtco GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community figurative mark Intelligent Voltage Guard - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation(EC) No 40/94. # Case T-297/07.

Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008 – TridonicAtco v OHIM (Intelligent Voltage Guard)
      (Case T-297/07)
      Community trade mark – Application for the Community figurative mark Intelligent Voltage Guard – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation(EC) No 40/94
      1.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Seperate examination
            of the grounds for refusal in relation to each of the products or services referred to in the application registration – Duty
            to state reasons for a refusal of registration (Council Regulation No 40/94, Art. 7(1)) (see para. 22)
      2.                     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 29-39)
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 31 May 2007 (Case R 108/2007-2) concerning an
                  application to register the figurative mark Intelligent Voltage Guard as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               TridonicAtco GmbH & Co. KG
            
         
               Community trade mark sought:
            
            
               Figurative mark Intelligent Voltage Guard for goods in Classes 9 and 11 – Application No W874778
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the application;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders TridonicAtco & Co. KG to pay the costs.