CELEX: 62007TJ0080
Language: en
Date: 2009-09-16 00:00:00
Title: Judgment of the Court of First Instance (Fifth Chamber) of 16 September 2009. # JanSport Apparel Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark BUILT TO RESIST - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009). # Case T-80/07.

Judgment of the Court of First Instance (Fifth Chamber) of 16 September 2009 – JanSport Apparel v OHIM (BUILT TO RESIST)
      (Case T-80/07)
      Community trade mark – Application for the Community word mark BUILT TO RESIST – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)
      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 24-29, 41-47)
      
      Re:
      
         
               ACTION brought against the decision of 12 January 2007 of the Second Board of Appeal of OHIM (Case R 1090/2006-2) concerning
                  an application for registration of the word mark BUILT TO RESIST as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               JanSport Apparel Corp.
            
         
               Community trade mark sought:
            
            
               National word mark ‘BUILT TO RESIST’ for goods and services in Classes 16, 18 and 25 – Application No 2937522
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      1.      Dismisses the action; 
      2.      Orders JanSport Apparel Corp. to pay the costs.