CELEX: 62008TJ0507
Language: en
Date: 2011-06-07
Title: Judgment of the General Court (Second Chamber) of 7 June 2011. # Psytech International Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark 16PF - Absolute grounds for refusal - Distinctive character - No descriptive character - No signs which have become customary - No bad faith - Article 7(1)(b) to (d) and Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) to (d) and Article 52(1)(b) of Regulation (EC) No 207/2009). # Case T-507/08.

Judgment of the General Court (Second Chamber) of 7 June 2011 – Psytech International v OHIM – Institute for Personality &
            Ability Testing (16PF)
      (Case T-507/08)
      Community trade mark – Invalidity proceedings – Community word mark 16PF – Absolute grounds for refusal – Distinctive character – No descriptive character – No signs which have become customary – No bad faith – Article 7(1)(b) to (d) and Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) to (d) and Article 52(1)(b)
         of Regulation (EC) No 207/2009)
      
      1.                     Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Registration contrary to Article
            7(1)(b) to (d) of Regulation No 40/94 (Council Regulation No 40/94, Arts 7(1)(b) to (d) and 51(1)(a)) (see paras 32-35, 59-65,
            78-79)
      2.                     Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Applicant in bad faith at the
            time of lodging the trade mark application (Council Regulation No 40/94, Art. 51(1)(b)) (see paras 89-93)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 1012/2007-2), relating to
                  invalidity proceedings between Psytech International Ltd and the Institute for Personality & Ability Testing, Inc.
               
            Information relating to the case 
      
               Registered Community trade mark of which cancellation sought: 
            
            
               Word mark 16PF for goods and services in Classes 9, 16, 35, 41 and 42 – Community trade mark registration No 1892652
            
         
               Proprietor of the Community trade mark: 
            
            
               Institute for Personality & Ability Testing, Inc.
            
         
               Party requesting the declaration of invalidity of the Community trade mark: 
            
            
               Psytech International Ltd
            
         
               Decision of the Cancellation Division: 
            
            
               Application for cancellation dismissed
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed 
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  	1.Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  	2.Orders Psytech International Ltd to pay the costs.