CELEX: 62006TJ0387
Language: en
Date: 2008-10-10
Title: Judgment of the Court of First Instance (Sixth Chamber) of 10 October 2008. # Inter-Ikea Systems BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for registration of figurative Community trade mark representing a pallet - Absolute ground for refusal - Article 7(1)(b) of Regulation (EC) No 40/94. # Joined cases T-387/06 to T-390/06.

Judgment of the Court of First Instance (Sixth Chamber) of 10 October 2008 – Inter-Ikea v OHIM (Representation of a pallet)
      (Joined Cases T-387/06 to T-390/06)
      Community trade mark – Application for registration of figurative Community trade mark representing a pallet – Absolute ground for refusal – Article 7(1)(b) of Regulation (EC) No 40/94
      Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 31, 34-45)
      Re: 
      
         
               ACTIONS brought against four decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market
                  (Trade Marks and Designs) of 26 September 2006 (R 353/2006‑1, R 354/2006‑1, R 355/2006‑1 and R 356/2006‑1) concerning applications
                  for the registration of four figurative trade marks consisting of graphic representations of a pallet.
               
            Information relating to the case
      
               Applicant for the Community trade marks: 
            
            
               Inter-Ikea Systems BV
            
         
               Community trade marks sought:
            
            
               Figurative marks representing a pallet, for goods and services in Classes 6, 7, 16, 20, 35, 39 and 42 — Application Nos 4073763,
                  4073731, 4073748 and 4073722
               
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decisions of the Board of Appeal:
            
            
               Appeals dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 26 September 2006 (R 353/2006-1, R 354/2006-1, R 355/2006‑1 and R 356/2006-1) in so far as registration
                     of the marks applied for was refused in respect of goods and services in Classes 6, 7, 16, 20, 35, 39 and 42 of the Nice Agreement
                     concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks of 15 June
                     1957, as revised and amended to the exclusion of ‘loading pallets of metal’, ‘loading carriers and loading pallets of metal
                     for packaging and transportation purposes’ and ‘metal transport pallets’, in Class 6; ‘goods pallets not of metal’, ‘loading
                     pallets and loading carriers not of metal for packaging and transportation purposes’ and ‘transport pallets not of metal’,
                     in Class 20; and ‘rental of loading pallets’ services, in Class 39;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Dismisses the actions as to the remainder;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders each party to bear its own costs.