CELEX: 62010TJ0059
Language: en
Date: 2011-11-23 00:00:00
Title: Judgment of the General Court (Second Chamber) of 23 November 2011. # Geemarc Telecom International Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark AMPLIDECT - Absolute grounds for refusal - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Descriptive character - No distinctive character - Acquisition of distinctive character through use - Evidence. # Case T-59/10.

Judgment of the General Court (Second Chamber) of 23 November 2011 – Geemarc Telecom v OHIM – Audioline (AMPLIDECT)
      (Case T-59/10)
      Community trade mark – Invalidity proceedings – Community word mark AMPLIDECT – Absolute grounds for refusal – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 – Descriptive character – No distinctive character – Acquisition of distinctive character through use – Evidence
      Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Registration contrary to Article 7(1)(b) and (c) of Regulation No 207/2009 – Exception – Acquisition of distinctive character through use (Council Regulation No 207/2009, Arts 7(1)(b) and (c), and 52(1)(a)) (see
         paras 34-35, 67, 69, 81)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 November 2009 (Case R 913/2009-2), relating
                  to invalidity proceedings between Audioline GmbH and Geemarc Telecom International Ltd.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Geemarc Telecom International Ltd to pay the costs.