CELEX: 62009TA0310
Language: en
Date: 2011-04-12 00:00:00
Title: Cases T-310/09 and T-383/09: Judgment of the General Court of 12 April 2011 — Fuller & Thaler Asset Management v OHIM (BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX) (Community trade mark — Applications for Community word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)

28.5.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 160/19
            
         Judgment of the General Court of 12 April 2011 — Fuller & Thaler Asset Management v OHIM (BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX)
   (Cases T-310/09 and T-383/09) (1)
   
   (Community trade mark - Applications for Community word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)
   2011/C 160/28
   Language of the case: English
   
      Parties
   
   
      Applicant: Fuller & Thaler Asset Management, Inc. (San Mateo, United States) (represented by: S. Malynicz, Barrister)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
   
      Re:
   
   ACTIONS brought, in Case T-310/09, against the decision of the Grand Board of Appeal of OHIM of 28 April 2009 (Case R 323/2008-G) concerning an application for registration of the word sign BEHAVIOURAL INDEXING as a Community trade mark and, in Case T-383/09, against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 138/2009-1) concerning an application for registration of the word sign BEHAVIOURAL INDEX as a Community trade mark.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Orders that Cases T-310/09 and T-383/09 be joined for the purposes of the present judgment;
            
         
               2.
            
            
               Dismisses the applications;
            
         
               3.
            
            
               Orders Fuller & Thaler Asset Management, Inc., in Cases T-310/09 and T-383/09, to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
            
         
      (1)  OJ C 244, 10.10.2009.