CELEX: 62006TJ0164
Language: en
Date: 2007-09-12
Title: Judgment of the Court of First Instance (Fourth Chamber) of 12 September 2007. # ColArt/Americas, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-164/06.

Judgment of the Court of First Instance (Fourth Chamber) of 12 September 2007 – ColArt/Americas v OHIM (BASICS) 
      (Case T-164/06)
      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
      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 24-25) (see paras 24-25)
      2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
            of any distinctive character – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94,
            Art. 7(3)) (see paras 45-47, 53)
      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.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               ColArt/Americas, Inc.
            
         
               Community trade mark sought:
            
            
               Word mark BASICS for goods in Class 2 – Application No 2433613
            
         
               Decision of the Examiner:
            
            
               Refusal of registration
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders ColArt/Americas, Inc. to pay the costs.