CELEX: 62005TJ0339
Language: en
Date: 2007-06-12
Title: Judgment of the General Court (Fifth Chamber) of 12 June 2007.#MacLean-Fogg Co. v European Union Intellectual Property Office.#Case T-339/05.

Judgment of the Court of First Instance (Fifth Chamber) of 12 June 2007 – MacLean-Fogg v OHIM (LOKTHREAD)
      (Case T-339/05)
      Community trade mark – Application for the Community word mark LOKTHREAD – Absolute grounds for refusal of registration – Descriptive character – Article 7(1)(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 51-55)
      
      Re: 
      
         ACTION brought against the decision of the First Board of Appeal of OHIM of 20 June 2005 (Case R 1122/2004-1), concerning
                  the registration of the word mark LOKTHREAD as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               MacLean-Fogg Co.
            
         
               Community trade mark sought:
            
            
               Word mark LOKTHREAD for goods in Class 6 – Application No 3440666
            
         
               Decision of the Examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders MacLean-Fogg Co. to pay the costs.