CELEX: 62006TJ0105
Language: en
Date: 2007-10-17
Title: Judgment of the Court of First Instance (Third Chamber) of 17 October 2007. # InterVideo Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community figurative mark WinDVD Creator - Absolute grounds for refusal - Articles 4 and 7(1)(b) and (c) of Regulation (EC) No 40/94. # Case T-105/06.

Judgment of the Court of First Instance (Third Chamber) of 17 October 2007 – InterVideo v OHIM (WinDVD Creator)
      (Case T-105/06)
      Community trade mark – Application for Community figurative mark WinDVD Creator – Absolute grounds for refusal – Articles 4 and 7(1)(b) and (c) of Regulation (EC) No 40/94
      1.                     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 46, 52)
      2.                     Community trade mark – Procedural provisions (Council Regulation No 40/94, Art. 74(1)) (see paras 41-42)
      Re: 
      
         
               ACTION against the decision of the Second Board of Appeal of OHIM of 31 January 2006 (Case R 987/2005-2), relating to registration
                  of the figurative sign WinDVD Creator as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               InterVideo Inc.
            
         
               Community trade mark sought:
            
            
               Figurative mark WindDVD Creator for goods in Class 9 – Application No 4106936
            
         
               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 InterVideo Inc. to pay the costs.