CELEX: 62006TO0166
Language: en
Date: 2008-09-29 00:00:00
Title: Order of the Court of First Instance (Seventh Chamber) of 29 September 2008. # Powderject Research Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark POWDERMED - Absolute ground for refusal - Descriptiveness - Article 7(1)(b) and (c) of Regulation (EC) No 40/94. # Case T-166/06.

Order of the Court of First Instance (Seventh Chamber) of 29 September 2008 – Powderject Research v OHIM (POWDERMED)
      (Case T-166/06)
      Community trade mark – Application for the Community word mark POWDERMED – Absolute ground for refusal – Descriptiveness – Article 7(1)(b) and (c) of Regulation (EC) No 40/94
      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 22-25)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 12 April 2006 (Case R 1189/2005‑2) concerning
                  an application for registration of the word sign POWDERMED as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Powderject Research Ltd
            
         
               Community trade mark sought:
            
            
               Word mark POWDERMED for goods and services in Classes 5, 10 and 42 – Application No 4202743
            
         
               Decision of the Examiner:
            
            
               Refusal of registration
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Powderject Research Ltd to pay the costs.