CELEX: C2007/247/53
Language: en
Date: 2007-10-20 00:00:00
Title: Case T-164/06: Judgment of the Court of First Instance of 12 September 2007 — ColArt/Americas/OHIM (BASICS) (Community trade mark — Application for the Community word mark BASICS — Absolute grounds for refusal — Lack of distinctive character — Descriptive mark — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Distinctive character acquired through use — Article 7(3) of Regulation No 40/94)

20.10.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 247/33
            
         Judgment of the Court of First Instance of 12 September 2007 — ColArt/Americas/OHIM (BASICS)
   (Case T-164/06) (1)
   
   (Community trade mark - Application for the Community word mark BASICS - Absolute grounds for refusal - Lack of distinctive character - Descriptive mark - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Distinctive character acquired through use - Article 7(3) of Regulation No 40/94)
   (2007/C 247/53)
   Language of the case: English
   Parties
   
      Applicant: ColArt/Americas, Inc (Piscataway, New Jersey, United States) (represented by: E. Soler Borda and R. Zeineh, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
   Re:
   Application for annulment of the decision of the Fourth Board of Appeal of OHIM of 7 April 2006 (Case R 788/2005-4) refusing to register the word mark BASICS as a Community trade mark.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders ColArt/Americas, Inc. to pay the costs.
            
         
      (1)  OJ C 190, 12.8.2006.